BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:65 of 2015.
Date of Institution: 19.02.2015.
Date of Decision:28.10.2015
Tarun Sharma resident of village Umravat, Tehsil and District Bhiwani.
….Complainant.
Versus
- Gianinder Principal, Government College, Bhiwani.
- Virender Peon Cycle Stand, Government College, Bhiwani.
…...Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT.
BEFORE: - Shri Rajesh Jindal, President
Shri Balraj Singh, Member
Smt. Ansuya Bishnoi, Member
Present:- Complainant in person.
Shri Dharambir Singh Professor on behalf of OP no. 1.
None for OP no. 2.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that on 21st August his Atlas Cycle 24 inchi was stolen from the cycle stand. The complainant alleged that he deposited the fee of cycle stand and approached the Principal about the matter but no action was taken. The complainant alleged that he reported the matter in the police many times but no reply was given. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of respondents and as such he had to file the present complaint.
2. On appearance, the OPs filed written statement alleging therein that at the time of admission in the college, had deposited Rs. 120/- as annual Cycle stand fee in July 2014. It is submitted that the complainant claims that he had brought the cycle in the college on 21.08.2014 and it was stolen from the college on the said date. It is further submitted that the cycle stand chowkidar of the college has submitted a written statement that he ensures that all the students, who bring cycles, lock their cycles properly and he (Chowkidar) checks them and keeps a vigilant eye on every student who parks in and takes out the cycle from the cycle stand. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite parties and complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the complainant has placed on record affidavit Annexure C-1 to Annexure C-5 alongwith supporting affidavit.
4. In reply thereto, the opposite party no. 1 placed on record Annexure R-1 alongwith supporting affidavit.
5. We have gone through the record of the case carefully and have heard the parties.
6. The complainant in person submitted that his new cycle was stolen from the Cycle Stand of the OP no. 1 school. The OP no. 1 has charged Rs. 120/- annually as cycle stand fee from the complainant. He submitted that he had purchased the said cycle for Rs. 3600/- vide bill Annexure C-2.
7. The authorized representative of OP no. 1 reiterated the contents of reply. He submitted that a sum of Rs. 120/- was deposited by the complainant as cycle stand fee, but denied the theft of the cycle.
8. Admittedly, the OP no. 1 has charged Rs. 120/- as cycle stand fee from the complainant and as such the Ops are liable to take care of the cycle parked at the cycle stand of OP no. 1. According to the complainant the said cycle was stolen on 21st August and he has also reported the matter to the police post but no action was taken. The version of the complainant seems to be true. Resultantly, we partly allow the complaint of the complainant and awarded Rs. 4,000/- as compensation to the complainant. The Ops are directed to comply with the order within 30 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 28.10.2015. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi), (Balraj Singh),
Member. Member.
