Punjab

Patiala

CC/22/36

Dr.Yogesh Arora - Complainant(s)

Versus

Deepak Azad - Opp.Party(s)

Sh.Sachdev Vij

03 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/ 36/2022
Date of Institution	:	28.1.2022
Date of Decision	:	3.5.2023

 

Dr.Yogesh Arora M/s Sanjivni Hospital, B-5/39, New Dalima Vihar, Rajpura, District Patiala.

                                                                   …………...Complainant

                                      Versus

Mr.Deepak Azad s/o Sh.Om Parkash R/o 64, Dahmmo Majra, Patiala.

                                                                   …………Opposite Party

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.Sachdev Vij, counsel for complainant.

                             Opposite party ex-parte.

                                     

 ORDER                                          

1. The instant complaint is filed by Dr.Yogesh Arora  (hereinafter referred to as the complainant) against Mr.Deepak Azad (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are that he executed a contract with OP for TPA empanelment services on 28.9.2020 and paid an advance of Rs.30,000/-  through Canara Bank vide instrument No.542992 dated  3.11.2020 to the OP for this purpose. OP agreed to complete the work within three months but he failed to do so. Complainant made several requests to the OP for completion of work but OP did not pay any heed to his requests. Complainant sent legal notice dated 7.5.2021 to the OP for the refund of the amount of Rs.30,000/- but of no avail. There is thus deficiency in service and unfair trade practice on the part of OP which caused mental agony and harassment to the complainant. Consequently, prayer has been made for acceptance of complaint.
3. Notice of the complaint sent to the OP through registered post was not received back un-served, meaning thereby that it was  served upon the OP but OP did not appear to contest the case and was accordingly proceeded against ex-parte as per order dated  16.1.2023.
4. In order to prove his case, ld. counsel for complainant tendered affidavit of the complainant,Ex.CA, photocopy of statement,Ex.C1, legal notice,Ex.C2, postal receipt,Ex.C3, copy of agreement of TPA empanelment,Ex.C4 and closed evidence.
5. We have heard ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. From the perusal of copy of bank statement , Ex.C1, it is evident that amount of Rs.30,000/- was transferred  from the account of complainant to the account of Deepak Ajad on 3.11.2020. As per the averments of the complainant the said amount was paid for the work to be done by the OP within three months, for which an agreement, Ex.C4 was arrived at between them on 28.10.2020.The OP neither got the work of empanelment done nor refunded the amount as per the terms and conditions of the agreement. Complainant sent legal notice dated 7.5.2021,Ex.C2 to the OP through registered post. Postal receipt in this regard is Ex.C3 but OP did not adhere to the request of the complainant.
7. Not only this, OP did not bother to contest the complaint filed by the complainant before this Commission despite service of notice to it through registered post. Hence the averments and the evidence lead by the complainant go un-rebutted and un-challenged. Thus, from the act and conduct of the OP, it is clear that he is deficient in doing his work and failed to comply with the terms and conditions of agreement signed between the complainant and the OP. As such, OP is liable to refund the amount paid by the complainant alongwith interest.
8. In view of aforesaid discussion, complaint is partly allowed and we direct the OP to refund the amount of Rs.30,000/- credited to his account on 3.11.2020 alongwith interest @6% per annum from the said date within 30 days from the date of receipt of certified copy of this order, failing which OP shall pay interest @9% per annum on the said amount till realization. OP is also burdened with Rs.10,000/- to be paid to the complainant as compensation for causing mental agony and harassment to him within the prescribed period of 30 days.   
9.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President