DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 376 of 4.10.2017
Decided on: 13.4.2018
Pritam Singh S/o S.Tarlok Singh R/o House No.246, Khalsa Colony, Ward No.11, Sanaur, Tehsil & District Patiala.
…………...Complainant
Versus
- Alpine agriculture Land Developers Ltd. Branch office SCO-7, 2nd Floor, Urban Estate, Phase-2, Patiala, Now opposite King Sweets, Urban Estate, Phase-1, Patiala, through its M.D.Malkiat Singh.
- Kamaljit Singh alias Sonu s/o S.Nahar Singh, R/o Pathana Wala Mohalla, Near Satnam Singh Di Chhaki, Sanaur, District Patiala, Authorized employee of Op no.1 (Mobile No.99885-15218 & 85918-01901.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Bharpur Singh,Advocate,counsel for complainant.
Opposite Parties No.1&2 ex-parte.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Pritam Singh, complainant has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.)
2. In brief, the case of the complainant is that one Sh.Kamaljit Singh, i.e. OP no.2, being the employee of Op no.1, visited his house and allured him for the purchase of package of Aloevera, stating that the scheme was of 20 months and the complainant had to deposit the installment of Rs.600/- per month and thereafter Rs.14340/- would be paid as per the said scheme. At the time of execution of agreement, it was also stated by Op no.2 that the scheme would also cover the risk factor of the complainant. The complainant opted for the scheme and continuously deposited the installments having deposited in total a sum of Rs.12000/-with the OPs. Thereafter, he visited the office of OPs and requested to pay the amount of the amount. The OP No.2 issued a cheque No.000344 dated 20.6.2017 of Rs.14340/- drawn at Dena Bank branch Zirakpur. The complainant presented the said cheque with State Bank of Patiala for the sake of depositing the amount in his account . However, the cheque was dishonoured and bounced with the reasons “Payment Stopped by drawer”. Thereafter, the complainant approached and explained about the dishonouring of the cheque to the OPs who assured to pay the amount in cash with few days. After few days he approached and requested the OPs for the payment of Rs.14340/- but they refused to make the payment. Thus there is deficiency of service on the part of the OPs which caused mental agony and physical harassment to the complainant. Hence this complaint with the prayer for giving directions to the OPs to pay Rs.14,340/- alongwith interest @18% per annum from the date of deposit till payment; to pay Rs.50,000/- as compensation for causing mental agony and physical harassment and also to pay Rs.5500/-as costs of litigation expenses.Any other reliefs which this Forum may deem fit may also be granted.
3. Notice of the complaint was duly given to the OPs. OP No.2 refused to accept the notice whereas OP No.1 failed to come present despite service of notice. OPs No.1&2 were accordingly proceeded against ex-parte.
4. On being called to do so, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C3 and closed the evidence of the complainant.
5. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. From the copy of distributor certificate,Ex.C3, it is evident that the same had been issued by the Alpine Agriculture Land Developers Limited, in the name of the complainant. In the said certificate, date of commencement has been written as 6 April,2015 with the period of installment of Rs.600/-, as monthly. The expiry date of agreement has been mentioned as 6, December,2016. The estimated value has been written as 14,340/-. As per the complainant he deposited Rs.600/- per month with the OPs for a period of 20 months. Thereafter the OPs issued cheque dated 20.6.2017 /-,Ex.C2, with the maturity value of Rs.14340/- He presented the said cheque with his bankers for encashment but the same was returned back with the remarks “Payment stopped by drawer” as is evident from the copy of letter dated 21-June-2017, annexed alongwith the copy of cheque. The contentions of the complainant, which are duly supported by his affidavit, have gone un-rebutted, as the O.Ps instead of contesting the case have preferred not to appear before this Forum. By not paying the amount on maturity, the OPs have committed deficiency in service. Hence they are not only liable to refund the amount of Rs.14,340/-alongwith interest but are also liable to compensate the complainant for the mental agony and physical harassment caused to him alongwith costs of litigation expenses.
In view of the aforesaid discussion, we allow the complaint and direct the OPs in the following manner:-
- To pay Rs.14,340/- alongwith interest @7% per annum from the date of maturity i.e.6.12.2016 till its realization;
2. To pay Rs.5000/- as compensation for causing mental agony and physical
harassment to the complainant, which is also inclusive of litigation expenses.
The OPs are further directed to comply the said order within a period of 30 days from the date of the receipt of the certified copy of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:13.4. 2018
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
