Order by:

Smt.Priti Malhotra, President

1.        The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that complainant availed services from Aarushi Oswal, a make-up artist, working in the name and style of Aarushi Oswal Hair Make-up Academy at Ludhiana for Rs.55,000/- and Rs.5000/-was paid through bank transfer and Rs.5000/- was paid in cash. But the Opposite Party has not supplied the receipt of cash payment.  However, due to some reason, complainant has not availed the services of Opposite Party and intimated the Opposite Party and also raise a request for refund, but the refund of Rs.10,000/- has not been initiated till date despite repeated requests and reminders of the complainant. At end left with no other option complainant was forced to take legal recourse against the Opposite Party to get her grievance redressed by this complaint. Due to the aforesaid act of the Opposite Party, complainant suffered mental tension and harassment. Hence this complaint. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Party  may be directed to refund the amount of Rs.10,000/- to complainant.

b)      To pay the amount of Rs.29,000/- as compensation for causing mental tension and harassment alongwith interest @ 12% till its realization 

c)       To pay the amount of Rs.10,000/- as litigation expenses.

d)      And to take punitive and deterrent actions against the errant Opposite Party in order to avoid such like complaints in future.

2.       Upon service of notice, none appeared on behalf of Opposite Party, hence Opposite Party was proceeded against exparte. 

3.       In order to prove her case, complainant tendered into evidence her affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C3.

4.       We have heard the ld.counsel for the complainant and have carefully gone through the evidence on record.

5.       The case of the complainant is that in order to avail the services of Opposite Party i.e. Aarushi Oswal i.e. a make-up artist, working in the name and style of Aarushi Oswal Hair Make-up Academy at Ludhiana, for which, she paid Rs.5000/- through bank transfer and Rs.5000/- in cash. But due to some reason, complainant failed to avail the services of Opposite Party and claimed to have intimated the Opposite Party about the same and requested for the refund of Rs.10,000/- deposited by her. Further alleged that despite repeated requests and reminders, the Opposite Party failed to refund the aforesaid amount to complainant.  

6.       To corroborate her aforesaid assertions, the Complainant has placed on record her duly sworn affidavit Ex.C1 alongwith copies of documents Ex.C2 & Ex.C3. Complainant has also placed on record the copy of the legal notice issued to Opposite Party before filing of the present complaint. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Party opt not to appear and contest the proceedings.  In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to offer or defend the complaint.  From the entire unrebutted and unchallenged  evidence produced by the complainant on record, it stands fully proved on record that  the Opposite Party has adopted unfair trade practice and deficiency in service by not refunding the amount so made by the complainant.   

7.       Now come to the quantum of amount to be awarded to the complainant. Vide instant complaint, the complainant claimed the amount of Rs.10,000/- to be refunded alongwith compensation of Rs.29,000/- alongwith interest @ 12 % and litigation cost of Rs.10,000/-. So far as the claim in regard to Rs.10,000/- is concerned i.e. the amount alleged to have been paid, perusal of the record reveals that there is proof of amount of Rs.5000/- only, which was paid by the complainant to Opposite Party, through online, but there is no proof of any cash payment of Rs.5000/- paid to the Opposite Party. As regards to the compensation claimed by the complainant, we are of the view that the amount so claimed by the complainant appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant.

8.       From the discussion above, we partly allow the complaint of the complainant and direct the Opposite Party to refund the amount of Rs.5,000/-(Rupees Five Thousand only) to the complainant, besides this, opposite party is directed to pay Rs.2000/- (Rupees Two Thousand only) for causing harassment and thrusting the avoidable litigation. The compliance of this order be made by the Opposite Party within 30 days from the date of receipt of the copy of this order. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Commission.