Punjab

Fatehgarh Sahib

CC/61/2022

Amrik Singh - Complainant(s)

Versus

Budh Sagar - Opp.Party(s)

Sh Sunil Gupta

04 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB

 

Consumer Complaint No.	:	CC/61/2022
Date of Institution	:	04.07.2022
Date of Decision	:	04.07.2023

 

Amrik Singh aged about 35 years S/o Karam Chand, R/o Vill. Meerpur, Tehsil & Distt. Fatehgarh Sahib.                                                                                                  

…………....Complainant

                                        Versus

Budh Sagar (formerly known as Sagar Tatto Wala) S/o Joginder Pal, R/o H. No.0007, W.No.20, Gurdev Nagar Road, 88 Feet road, near Chungi no.4, Sirhind Mandi, Tehsil and District Fatehgarh Sahib .    

                                                         ..………....... Opposite Party

 

Complaint under Section 35 of Consumer Protection Act, 2019

 

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present: Sh. Sumit Gupta, counsel for the complainant.

              OP Ex-Parte, vide order dated 07.09.2022.

   

PER MS. SHIVANI BHARGAVA, MEMBER:

      This  complaint has been filed against the OP under Section 35 of Consumer Protection Act, 2019 alleging deficiency in service with the prayer for giving direction to it to refund  Rs.17,000/- for not supplying tattoo carving machine and to pay Rs.3,00,000/-  as compensation, for mental tension and harassment, to the complainant.

 

2.     The brief facts of the complaint are that the complainant is doing the work of Barber and is also a tattoo artist i.e. work of carving of tattoo on the human body.  The complainant paid Rs.17,000/- to the OP through Google Pay from his savings account on 20.12.2021 to buy tattoo carving  machine.  OP assured the complainant that OP will supply the machine within some days but till date of filing of the complaint OP did not supply the said machine. The complainant many times requested to supply the machine or return his hardened money with interest but OP failed to do so. Hence this complaint.

3.     Notice of the complaint was given to the OP through registered post. Despite service of notice of complaint, OP 2 did not contest the complaint. So, OP was proceeded against ex-parte, vide order dated 07.09.2022.

4.     The complainant in support of his complaint tendered in evidence his own affidavit as Ex.C1 and photocopies of documents i.e. statement of account as Ex.C-2, Legal notice as Ex.C-3, postal receipt as Ex.C4, statement of Budh Sagar as  Ex.C5 and affidavit of Sandeep Singh as Ex.C6.

5.     We have heard learned counsel for the complainant and carefully gone through the record of the case.

6.     The complainant has proved the complaint by way of documentary evidence and affidavit in support of the assertions set out in the complaint which goes unrebutted and unopposed in the absence of OP. It raised a reasonable presumption that OP remains deficient in providing service to the complainant. There is no dispute about the fact that complainant wanted to purchase tattoo carving machine from OP. The complainant paid Rs.17,000/- to OP, which is clear from  inquiry, Ex.C-5.  OP himself admitted that he had received the money from the complainant. In these circumstances we are of the firm opinion that the OP in-spite of having received the amount of Rs.17,000/- did not supply tattoo machine to the complainant, which certainly amounts to deficiency in service on the part of OP.

7.     By keeping in view the facts of the present complaint, the same is hereby partly allowed and the OP is directed as under:-

[a]        To  deliver  the said machine to the complainant within a period of 30 days from the date of receipt of certified copy of this order, failing which the OP will refund the sum of Rs.17,000/- to the complainant, being the price of the said machine; and

[b]     To pay a sum of Rs.5,000/-, as compensation, for harassment and mental agony to the complainant.

Compliance of the order shall be made by the OP within a period of 30 days from the date of receipt of certified copy of this order, failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to paucity of staff.  Copy of this order be sent to the parties as per rules. File be consigned to record room.

 

(S.K. AGGARWAL)

     PRESIDENT

 

 

 

(MS. SHIVANI BHARGAVA)

                MEMBER

 

 

 

 (MANJIT SINGH BHINDER)

                MEMBER

Pronounced on : 04.07.2023