Chandigarh

DF-I

CC/482/2023

NIDHI TAGEJA - Complainant(s)

Versus

AMIT SINGLA - Opp.Party(s)

ALANKRIT BHARDWAJ

02 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/482/2023
Date of Institution	:	05/10/2023
Date of Decision	:	02/05/2024

 

Mrs. Nidhi Tageja W/o Sh. Namit Kumar, R/o Presently residing at House No.42, Sector 24-A, Chandigarh.

&

House No.6112, Modern Housing Complex, Manimajra, Chandigarh.

-Complainant

Versus

1. Amit Singla, SCO No.196-197, 2^nd Floor, Sector 34-A, Chandigarh 160036.
2. Ms.Neha, SCO No.196-197,  2^nd Floor, Sector 34-A, Chandigarh 160036.
3. Rajvi Saini Address: Rajvi Saini, R/o H.No.132, Street No.6, Ferozepur Cantt. 152001 (Punjab).
4. A Million Dollar Affair ‘Red Rose Events’ and ‘Paris Exhibitions, SCO No.196-197,  2^nd Floor, Sector 34-A, Chandigarh 160036.

....Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh.Alankrit Bhardwaj, Advocate for Complainant.
	:	OPs  ex-parte.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that the complainant is proprietor of Trendy Treasurers, Handloom business for earning her livelihood and sell handlooms items through stalls in exhibitions. OPs are running a business under the name and style of “A Million Dollar Affair” “Red Rose Events” and “Paris Exhibitions”. In the month of March, 2021, the OPs contacted the complainant for an exhibition at Hotel Hayat, Industrial Area, Phase-1, Chandigarh to be held on 12^th and 13^th March, 2021. Accordingly, the complainant had taken one stall from the OPs for accepting the products and for that OPs had charged an amount of Rs.25,000/- in cash (including GST) for the same. Thereafter, the OPs again approached the complainant in the month of August, 2021 and informed the complainant about another exhibition is to be organized by the OPs on 4^th and 5^th September, 2021 in the aforesaid Hotel and the complainant had also taken one stall from the OPs for which she had paid an amount of Rs.17,000/- (including GST) to the OPs. On 17.09.2021 the OPs again approached the complainant in the month of September, 2021 and informed her that another exhibition is to be organized by the OPs in the name of “Bliss and Bling Event” (hereinafter referred to be as subject event) to be held on 9^th and 10^th October, 2021 at Lalit, IT Park, Chandigarh. Accordingly, the complainant agreed to take one stall from the OPs for the exhibition and the OPs have charged an amount of Rs.20,000/- (including GST) from the complainant in cash. The said event was cancelled by the OPs on account of that five team members were having symptoms of suspected Covid-19 and doctors have advised the entire team to isolate themselves for 14 days. On this OPs had promised to repay the amount of Rs.20,000/- to the complainant but till date the OPs have not refunded the said amount to the complainant. It appears from the conduct of the OPs that they have committed fraud with the complainant. On this, the complainant issued a legal notice on 26.05.2023 to the OPs and on the receipt of the said notice, the OPs had assured that they will pay the refund aforesaid amounts to the complainant. The OPs were requested several times to admit the claim of the complainant but with no result. Hence, the present consumer complaint.
2. OPs were properly served and when they did not turn up before this Commission, despite proper service, they were proceeded against ex-parte on 26.02.2024.

2. In order to prove his case, the complainant has tendered/proved his evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the Complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that prior to the booking of the subject event, the OPs had given a stall to the complainant twice in the hotel Hayat, Industrial Area, Phase-1, Chandigarh in the month of March, 2021 by charging a sum of Rs.25,000/- and Rs.17,000/- respectively and had also given one stall at Lalit, IT Park, Chandigarh to the complainant for exhibition by charging an amount of Rs.20,000/- (including GST) and the subject event was cancelled by the OPs on account of that, five team members were having symptoms of suspected Covid-19 Pandemic and doctors had advised the said members for isolation, the case is reduced to a narrow compass as it is to be determined if there is no deficiency in service or unfair trade practice on the part of OPs, the complainant is not entitled as prayed for.
   2. The complainant has proved her case by tendering her affidavit in which she deposed as maintained in the complaint by alleging that she had paid an amount of Rs.20,000/- to the OPs for a stall for the subject event to be held on 9^th & 10^th October, 2021 but same was cancelled by the OPs by stating that five team members were having flu symptoms of suspected Covid-19 and doctors had advised them to isolate themselves for 14 days. It is further deposed that the OPs had promised to refund the aforesaid paid amount, but the same has not been refunded by the OPs to the complainant till date. In respect of her case, the complainant has also tendered one copy of legal notice is annexed as Annexure C-1 with the postal receipt which clearly indicates that the OPs were served with the legal notice and were asked to refund the paid amount. Since, entire evidence led by the complainant as discussed above is unrebutted by the OPs, one thing stands proved on record that as the OPs have not rendered the services to the complainant as promised by receiving an amount of Rs.20,000/- from the complainant, the aforesaid act of the OPs amounts to deficiency in service and unfair trade practice on the part of the OPs and the complainant is entitled of relief as prayed for.
4. In the light of the aforesaid discussion, it is safe to hold that there is deficiency in service on the part of OPs and the complainant is entitled for the compensation from the OPs. Hence, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-

1. to refund an amount of ₹20,000/- to the complainant alongwith 9% per annum from 9.10.2021 i.e., the date on which the aforesaid event was to be organized and the same was not organize by the OPs.
2. to pay composite amount of Rs.5,000/- to the complainant as compensation for causing mental agony and harassment and costs of litigation.

5.    This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amount at Sr.No.(i) & (ii) mentioned above, with interest @ 12% per annum from the date of this order till realization.

6.       Pending miscellaneous application(s), if any, also stands disposed off.

7.    Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
Announced 02/05//2024			[Pawanjit Singh] President
Ls
			Sd/-
			[Surjeet Kaur] Member
			Sd/-
			[Suresh Kumar Sardana] Member