BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 411 of 2022.
Date of Institution : 27.06.2022
Date of Decision : 21.04.2023.
Deepak Yadav son of Shri Naval Singh, aged about 28 years, resident of village Gindokhar PO Boria Kamalpur, District Rewari, Haryana- 123401.
……Complainant.
Versus.
Deepak Singh, Sri Ram Computer, Bharawas Gate, Naiwali Road, Rewari.
...…Opposite party.
Complaint under Section 35 of Consumer Protection Act, 2019.
Before: SHRI PADAM SINGH THAKUR…………….PRESIDENT.
SMT. SUKHDEEP KAUR………………… MEMBER.
SH. OM PARKASH TUTEJA……………..MEMBER
Present: Complainant in person.
Opposite party already exparte.
ORDER
The complainant has filed the present complaint against the opposite party (hereinafter referred as OP) with the averments that complainant fixed a deal in Rs.4500/- for complete process including marriage card printing and delivery of certificate of marriage registration on 24th November, 2021. The complainant paid an advance amount of Rs.2500/- to the op on 26.11.2021 and op promised that he will complete all formalities within 15 days and deliver the certificate. It is further averred that on 13.12.2021 op assured him that he had applied for the certificates and asked him to wait a little stating that he will send him the certificate soon. That on 15.3.2022, complainant visited the Tehsil Office and MC Office on the asking of the op to get records checked by name in Computers but after checking the clerk stated that no application in his name is pending. Then the complainant came to know that op had not applied for the services for which he had taken money from the complainant. It is further averred that on 17.3.2022, the complainant contacted to the op and asked him about the facts whether he had applied or not for the services but the op still assured him that all works have been completed by him and assured him that he will deliver the certificate and application number both on coming Monday. That on the same day, the op asked him for resident proof and marriage cards however, the op already stated that he will manage the marriage card in the amount fixed in the deal but after discussion he stated that he lost the card but now he will manage the same and complainant again sent all documents which were asked by the op. That on 21.3.2022, when the complainant contacted the op for application number and certificates, the op again assured him that he will deliver all things by next day. It is further averred that on continuous follow up with the op on 23.3.2022 the op asked him for OTP from his and his wife family id mobile number and then it was confirmed that he had started application on 23.3.2022. That on 31.3.2022 the op assured him that verification done, now certificate will be delivered very soon and on 12.4.2022, the op again stated that he only needs 2 to 3 days for work completion. That again on contact on 15.4.2022, the op stated that he will be busy in marriage function till 19th April, 2022 and promised to do the work after marriage. The op also stated that it is Government work and it may take up to six years also and it was confirmed that he is intentionally delaying the work from starting and he will never complete the work. It is further averred that on 29.4.2022, the op demanded extra amount of Rs.1500/- apart from deal. Then aggrieved with his behavior and false promises for about 5 months, the complainant asked the op to refund the amount with all documents immediately. The op became agreed and asked him to send someone to collect money and documents and stated that documents are ready with him. That after this complainant sent his father two times to the shop of the op for document collection and refund till 17th May, 2022 but op kept on making excuses stating that documents are submitted in Tehsil Office and he had not earned the amount today so he will not be able to refund and asked his father to come on some other day. That after too much messages, the op refunded Rs.300/- and then Rs.500/- via UPI payment mode to the complainant but he denied the refund of the rest paid amount and documents. It is further averred that complainant visited the Tehsil Office on 23.5.2022 and reported to the marriage registration clerk who forwarded application to SDM Office Rewari stating that the period of six months is over now. Then on the same day, complainant reported to the SDM Office Rewari and was informed by SDM Office that the cyber café personnel did not apply correctly and not uploaded all documents which he was supposed to do like death certificate etc. and also court order uploaded is not readable and returned his application to Tehsil Office for removal of discrepancies. That again he complainant reported back to Marriage Registration Clerk on same day and he asked him to go to cyber café or CSC from which he applied. But on his request he agreed and uploaded the documents correctly and removed the discrepancies and again forwarded the online application to SDM office. That complainant again reported back to SDM Office and verification was done and notice was sent to them for appearance with families. Then complainant and his wife appeared with families before the Marriage Registrar and application was approved and marriage certificate was issued to the complainant from Tehsil Office on the same day. It is further averred that op is also guilty of unfair trade practices as he even without applying for services kept on assuring the complainant for about five months that all work has been done and he will deliver the service as requested at the time of deal very soon. That till date the op neither refunded the leftover amount nor returned the documents and not only this he also failed to provide any proof of application for the period from 26.11.2021 to 23.3.2022 and he also made false statements that the application number 192706624614 (which he applied on 23 March 2022) is that he applied in November. The op is liable to refund amount of Rs.1200/- alongwith interest @10% per annum from 1.1.2022 till date towards refund of the application money paid at the time of deal, Rs.5000/- towards deficiency in services, Rs.20,000/- for causing mental torture and harassment to the complainant and Rs.5000/- towards legal cost. Hence, this complaint.
2. Notice of the complaint was issued to the opposite party which received back with the report of refusal. Since none appeared on behalf of op, therefore, op was proceeded against exparte vide order dated 19.09.2022.
3. The complainant in evidence has tendered his affidavit Ex. CW1/A and copies of documents Ex. CW1/B to Ex. CW1/G.
4. We have heard complainant and have gone through the case file.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has reiterated all the contents of his complaint. The complainant in order to prove that he paid an amount of Rs.2500/- to the op who is running CSC/ Atal Seva Kendra for work of issuance of marriage certificate etc. has also placed on file copy of account statement as Ex. CW1/E, the perusal of which reveals that on 26.11.2021 complainant paid amount of Rs.2500/- to the op. The complainant has alleged that op gave false assurances to the complainant that on 26.11.2021 he applied for issuance of marriage registration certificate of complainant through online and will complete all formalities within 15 days whereas on 23.3.2022 it was confirmed that he applied for marriage registration certificate only on 23.3.2022. The complainant has also placed on file whatsapp chat extract between complainant and op as Ex. CW1/C and Ex. CW1/G from which it is also evident that op gave false assurances and made false excuses to the complainant for non completion of work as per contract. It is proved on record that op did not apply for marriage registration certificate of complainant within time despite charging advance amount of Rs.2500/- and has caused delay to the complainant for the said work and has also failed to refund full amount of the complainant despite the fact and only refunded amount of Rs.800/- to the complainant despite the fact that he was deficient in providing services to the complainant. Even the op has not bothered to appear before this Commission despite notice and opted to be proceeded against exparte. Therefore, the pleadings and evidence of complainant goes as unchallenged and unrebutted. The complainant has claimed refund of remaining amount of Rs.1200/- from the op and it is proved on record that he is legally entitled to the said amount of Rs.1200/- from the op besides compensation for harassment.
6. In view of our above discussion, we allow the present complaint and direct the opposite party to refund the amount of Rs.1200/- to the complainant alongwith interest @6% per annum from the date of filing of this complaint i.e. 27.06.2022 till actual payment to the complainant. We also direct the op to further pay a sum of Rs.3000/- as compensation for harassment. The op is liable to comply with this order within a period of 30 days from the date of receipt of copy of this order, failing which the op will be liable to pay the above said principal amount of Rs.1200/- to the complainant alongwith interest @9% per annum for the defaulting period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced : Member Member President,
Dated: 21.04.2023. District Consumer Disputes
Redressal Commission, Sirsa.
