BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

18^TH DAY OF JANUARY 2016

O R D E R

SMT. M. YASHODHAMMA, MEMBER

This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 seeking direction against Opposite Party (herein after referred as OP) to refund Security deposit of Rs.14,000/- along with interest at Rs.18% per annum compensation of Rs.1,00,000/- towards mental agony and cost of Rs.5,000/- on the allegation of deficiency in service.

2.  The brief averments made in the complaint are as follows:

The complainant has obtained the PG accommodation from OP for a temporary period of few months from October-2014 to December-2014 and same has been considered as per the terms and conditions agreed mutually.  OP has received payment of Rs.14,000/- from the complainant towards security deposit and OP has issued a receipt acknowledging receipt of the same dated 16.10.2014.  Further OP had agreed to refund the security deposit paid by the complainant by way of cheque.  Complainant has paid all monthly rents in time as agreed at the time of getting into the OP PG.  During the stay of the complainant in OP PG, he has suffered and felt inconvenient for lack of basic facilities and services as the same has been intimated to the OP management staff orally several times and by way of written complaints in the complaint book maintained by OP.  Despite that OP had not taken any steps to provide proper service to the complainant as assured.  As such OP is liable to pay compensation to the complainant for the act of deficiency of service.  OP is running a business under the name and style of catering with Bhawana PG.  complainant booked the PG accommodation for the period of few months because complainant had plan to shift his wife and kids to Bangalore and the complainant got one rented house to live with his family for such kind of reasons complainant decided to leave the PG in the month of December 2014 and same has been intimated to OP staff orally prior to one month from the date of vacating the room No.201 and requested for refund of security deposit of Rs.14,000/-.  The staff of the OP assured to refund the deposit at the time of vacating the PG and expressed that there is no need of written intimation.  OP displayed their illegal and unfair trade practice in not returning the security deposit collected from the complainant and also collected expensive rent from the complainant.  The terms and conditions which are printed and guests are made to sign, are not shared with the guests and are forced to sign them without any opportunity to disagree, negotiate or given a fair chance to read and understand thereby OP being in a dominating position takes advantage of desperate homeless people coming from distant places in search of immediate shelter, thereby making them to sign such one sided, unfair terms and conditions and intentionally refused to share a copy of the same so that they can be kept in total darkness.  As such unfair and illegal terms which are bad in law as may be submitted in defence by OP may be seriously considered by this Forum in the light of the basic principles of C.P.Act.  Complainant issued a letter to the management of OP dated 04.12.2014 informing that he is vacating the PG from 04.12.2014 along with receipts and same has been acknowledged by OP on 05.12.2014.  OP has not raised any objection neither while vacating room No.201 nor refusing the security deposit at the time of vacating the room on one or other reasons.  Intentionally OP is refusing to refund without any valid ground or reason.  Complainant vacated the room on 08.12.2014 and made mail conversation with OP regarding refund of security deposit.  There was no fair response from OP.  The act of OP amounts to cheating.  Left with no alternative complainant got issued a legal notice through his advocate dated 22.01.2015 calling upon OP to refund the security deposit of Rs.14,000/- and compensation of Rs.1,00,000/- along with interest at 24% per annum within 15 days failing which he will take appropriate legal action in the court of competent jurisdiction.  OP gave untenable reply dated 06.02.2015.  Hence, complainant felt deficiency in service against OP.  Under the circumstances, she is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint, notice was issued to             OP.  Inspite of service of notice OP remained absent without sufficient cause or reason.  Hence OP is placed exparte and posted the case for filing affidavit of the complainant.

4. So as to prove her case, one Sri.Ruhail Choudhury, who being the complainant has filed his affidavit evidence in support of the complaint reiterating the complaint averments and also produced documents.  

5. The above said assertions of the complainant have remained unchallenged. OP neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6.  Let us have a cursory glance at the documents produced by the complainant. Document No.1 is copy of the receipt issued by OP dated 16.10.2014 for having received Rs.14,000/- and Rs.1,000/- as security deposits towards room No.201.  Document No.2 is also copy of receipt issued by OP to the complainant for having received Rs.9,000/- towards rent for the month of October 2014 by way of cheque bearing No.000053 dated 16.10.2014. Document No.3 is also copy of the receipt issued by OP for having received Rs.1,000/- towards security deposit dated 02.10.2014..  Document No.4 & 5 are copies of outpatient record issued by General Hospital Jayanagar to the complainant.  Document No.6 are mail communications between complainant and OP dated 06.01.2015, 07.12.2014, 06.12.2014, 31.05.2015.  Document No.7 is copy of the letter of the complainant to OP dated 04.12.2014 informing the OP that he is vacating the room No.201 from 08.12.2014 and further requesting OP to arrange for refund of the amount on or before 08.12.2014.  The said letter has been endorsed by OP on 05.12.2014.  Document No.8 is copy of the legal notice dated 22.01.2015 issued on behalf of the complainant through his advocate demanding OP to refund Rs.14,000/- security deposit along with compensation of Rs.1,00,000/- and interest at the rate of 24% per annum within 15 days failing which complainant will be constrained to take legal action.  Document No.9. is copy of the reply to the notice dated 06.02.2015 got issued on behalf of the OP through their advocate calling upon the complainant to accept the balance amount after deducting one month rent along with maintenance charges.

7. On perusal of oral and documentary evidence produced by the complainant, it is made crystal clear that the complainant availed PG accommodation service from OP for the months of October 2014 to 8^th December 2014.  OP has accepted Rs.14,000/- towards security deposit and has issued receipt dated 16.10.2014 as per Document No.1.  OP has also received Rs.9,000/- towards rent as per Document No.2 and rent receipt dated 16.10.2014 for the month of October 2014.  Complainant wanted to vacated the PG.  Hence, on 04.12.2014 he has issued a letter to OP informing that he is vacating the room No.201 from 08.12.2014 by submitting original security deposit receipts and requesting OP to arrange for refund on or before 08.12.2014.  The said letter has been endorsed by OP for having received original receipts from the complainant and signed by OP on 05.12.2014.  OP has failed to return the deposit amount.  Hence left with no alternative complainant got issued legal notice dated 22.01.2015 calling upon OP to refund Rs.14,000/- within 15 along with compensation and interest at 24% per annum as per document No.8.  OP vide its reply dated 06.02.2015 claims one month rent along maintenance charges, but not mentioned for which month rent is due.  From the email correspondences produced by the complainant it is clear that complainant has paid rent for the month of November.  Inspite of repeated requests and legal notice OP has withheld security deposit amount of Rs.14,000/-.  This act of OP in not refunding the security deposit amounts to deficiency in service on the part of OP. complainant has claimed refund of Rs.14,000/- only.  We are satisfied that complainant proved deficiency in service against OP.  Under the circumstances we are of the considered view that OP is liable to refund Rs.14,000/- towards security deposit within 30 days from the date of receipt of this order failing which to pay the said amount along with interest at the rate of 12% per annum from the legal notice dated 22.01.2015 till realization along with litigation cost of Rs.3,000/-.  Accordingly, we proceed to pass the following:

                                  O R D E R

1. The complaint filed by complainant is allowed in part. 

2. OP is directed to refund Rs.14,000/- paid towards security deposit to the complainant within 30 days from the date of receipt of this order, failing which to pay the said amount along with interest at the rate of 12% per annum from 22.01.2015 till realization.

3. Further OP is directed to pay litigation cost of Rs.3,000/- to the complainant.

4. Supply free copy of this order to both the parties.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Forum by us on this the 18^th day of January 2016)

 MEMBER                           MEMBER                        PRESIDENT

NRS* 

C.C.No.1139/2015

Witnesses examined on behalf of the complainant dated 29.10.2015

1. Sri.Ruhail Choudhury,

OPs – Absent

MEMBER                           MEMBER                        PRESIDENT

NRS*