Haryana

Karnal

CC/53/2021

Moti Dame - Complainant(s)

Versus

Forb Corp - Opp.Party(s)

Abhay Sahu

01 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 53 of 2021

                                                        Date of instt.27.01.2021

                                                        Date of Decision:01.07.2024

 

Moti Dame son of Vijay Kumar Dame, House no.944, sector-6, Urban Estate, Karnal.

                                               …….Complainant.

                                              Versus

 

1. Forb Corp, (Beyond Awasome) SCO-17, JLPL, Sector-82, Mohali (PB) India-140306, 911725252001 through its authorized signatory/Manager Shri Jaskaran Singh.
2. Chandini Executive of Forb Corp (Beyond Awasome Sector-17, JLPL, Sector-82, Mohali (PB).

…..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

      Dr.  Suman Singh…..Member

 

 Argued by: Shri Abhay Sahu, counsel for the complainant.

                    Opposite party exparte, vide order Dt. 03.05.2023

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that on 25.09.2018, complainant received a telephonic call from the employee of OPs and invited complainant and his wife at Hotel Deventure. On invitation of OPs, complainant and his wife went at Hotel Deventure Karnal on 29.06.2018 and employee of OPs told the complainant and his wife that OP no.1 is a travel company and OP no.2 offered the complainant to travel the tourist place. Firstly, complainant refused the offer of OPs but OP no.2 repeatedly and forcefully requested the complainant and his wife to accept their offer and told complainant to deposit the fee of Rs.1000/- with assuring that this amount is refundable if the complainant does not accept the company offer. On the assurance of OPs, complainant deposited an amount of Rs.1000/- and employee of OPs issued a provisional cash receipt vide serial no.10972 dated 26.09.2018 to the complainant. After reaching his house, complainant discussed the said matter with his family members, after discussion and suggestion of his family, complainant decided not to accept the offer of OPs. Complainant contacted the OPs several times and requested for refund of Rs.1000/-. The employee of the OPs sent an email and assured the complainant that they will return his amount as soon as possible. Thereafter, complainant sent various emails to the company but company did not reply the said emails and till today OPs have failed to return the amount of Rs.1000/- to the complainant. Then complainant sent a legal notice dated 27.10.2020 but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs did not appear despite service and opted to be proceeded against exparte, vide order dated 03.05.2023 of the Commission.

3.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of cash receipt Ex.C1, copy of legal notice alongwith postal receipts and acknowledgement Ex.C2 to Ex.C5, copy of reply of legal notice Ex.C6, copies of emails dated 9.03.2016 and 06.04.2019 Ex.C7 to Ex.C9 and closed the evidence on 01.07.2024 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             Learned counsel for the complainant, while reiterating the contents of complaint has vehemently argued that the OP no.2 the employee of OP no.1 had offered the complainant to travel the tourist places. On the allurement of the employee of OP no.1, complainant deposited an amount of Rs.1000/- to the OPs but complainant did not want to take the offer of OPs. So, he requested the OPs several times via telephonically and emails for refund of Rs.1000/- but OPs did not pay any attention to the request of complainant and till date the amount of Rs.1000/- has not been refunded to the complainant and lastly prayed for allowing the complaint.  

6.             The onus to prove his version was relied upon the complainant. To prove his version, complainant has relied upon the documents copy of cash receipt Ex.C1, copy of legal notice alongwith postal receipts and acknowledgement Ex.C2 to Ex.C5, copy of reply of legal notice Ex.C6, copies of emails dated 9.03.2016 and 06.04.2019 Ex.C7 to Ex.C9.  From the abovesaid documents, it has been proved on record that complainant has deposited the alleged amount and OPs did not return the same after repeated requests. To rebut the said evidence produce by the complainant OPs did not appear and opted to be proceeded against exparte. Therefore, the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. Thus, the act of the OPs amounts to deficiency in service and unfair trade practice. Hence, complainant is entitled for Rs.1000/- alongwith interest, compensation for mental pain, agony and harassment and towards the litigation expenses.

7.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to refund Rs.1000/- to the complainant with interest @ 9% per annum from the date of deposition till its realization. We further direct the OPs to pay Rs.5000/- to the complainant on account of mental pain, agony and harassment suffered by him and for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:01.07.2024                                                                    

                                                                President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.       

 

 (Vineet Kaushik)       (Dr. Suman Singh)    

                     Member                   Member