Complaint No.541 of 2017.

      Date of Institution:16.10.2017.

              Date of order:23.08.2023.

Ravinder Sharma son of Sh.Kanwal Kishore Sharma r/o Tagore Bhawan, Behrampur Road, Gurdaspur.

…...Complainant.

VERSUS

1.       Gurmarg Rooms, H No.1653, Sector 7C, Chandigarh through its proprietor Baljinder Singh Chauhan.

2.       Ms.Kiran, Manager cum caretaker, Gurmarg Rooms, H No.1653, Sector 7C, Chandigarh.

                                                                      ……Opposite parties.

               Complaint under section 12 of Consumer Protection Act.

Present: For the complainant: Ms.Sakshi Sharma, Advocate.

    Opposite parties:    Exparte.

Quorum: Sh.Lalit Mohan Dogra, President & Sh.Bhagwan

                 Singh Matharu, Member.  

ORDER

Lalit Mohan Dogra, President.    

          Complainant Ravinder Sharma had filed this instant complaint U/s 12 of Consumer Protection Act against the opposite parties and prayed that Rs.13,000/- as refundable security alongwith interest at the rate of 18% be paid to him including Rs.50,000/- as compensation for causing mental agony and harassment and Rs.20,000/- as litigation expenses, in the interest of justice or any other order which the Hon'ble Forum/Commission may deem fit may be passed.

2.       The case of the complainant in brief is that a P.G. in the name and title of Gulmarg P.G. at Sector 7C, HNo.1653 Chandigarh is run by the opposite party and opposite party No.1 is the owner and opposite party No.2 is the Manager cum caretaker of the P.G. It was pleaded that an online advertisement was given by the opposite party for the booking of their P.G. for the students who comes to Chandigarh for preparation of competitive exams and on seen their advertisement complainant approached the opposite party on telephone no.9779778636 which was given in the said advertisement and also personally visited the opposite parties on 26.08.2017. It was further pleaded that it was assured by the opposite party that they will provide laundry services, good three time food, two time tea/milk, 24 hrs running water with RO system and geyser, steam press facility, AC, transportation facility from PG to institution to the complainant with spick and span facilities and for it the opposite party demanded Rs.13,000/- per month from the complainant as PG fee/charges for which complainant agreed to hire their services and paid Rs.13,000/- in advance but no receipt was issued by the opposite party on the demand of the complainant. It was also pleaded that on 06.09.2017 complainant deposited security amount of Rs.13,000/- in the account No.3252000100629459 in the Punjab National Bank which was given by the opposite party and as such Rs.13,000/- was received by the opposite parties as PG charges and further Rs.13,000/- as refundable security. It was next pleaded that on 27.09.2017, the daughter of the complainant left the said PG due to poor facilities, unhygienic conditions, unhealthy food, poor services and due to abominable behaviour of the opposite parties and requested the opposite parties to refund the security amount of Rs.13,000/- but they refused to refund the same for which they had no right to withheld the said amount. Complainant also pleaded that the behaviour of the opposite parties towards him was very rude and harsh and non refunding of the said security amount of Rs.13,000/- by the opposite party is unfair trade practice and deficiency in services, hence this complaint.

3.       Upon notice opposite parties No.1 and 2 did not appear and prefer to proceed exparte vide orders dated 07.02.2018 and 01.06.2018.   

4.       In order to prove the case, counsel for the complainant had tendered into evidence affidavit of complainant with copy of receipt Ex.C1 and Ex.C2 and closed the evidence.

5.       Written arguments not filed by the complainant.

6.       Counsel for the complainant has argued that opposite parties are running PG at the address mentioned in the head note of the complaint. Complainant had deposited Rs.13,000/- as security with the opposite parties and since the PG being run by the opposite parties was very unhygienic, as such daughter of the complainant left the said PG on 27.9.2017 but inspite of repeated requests opposite parties have not refunded Rs.13,000/- which was received by the opposite parties as refundable security.

7.       Opposite parties had not appeared and were proceeded against exparte vide orders dated 07.02.2018 and 01.06.2018.  

8.       We have heard the Ld. counsel for the complainant and gone through the record. Evidence brought on record by the complainant has remained unrebutted. As per receipt Ex.C2 complainant had deposited Rs.13,000/- in the account of Mr.Baljinder Singh Chauhan prop. of opposite party No.1 and the said document has remained unrebutted. As such complainant has fully proved deficiency in service on the part of the opposite parties for having failed to refund the amount of Rs.13,000/- as refundable security. Accordingly, complaint is partly allowed and opposite party No.1 is directed to refund the amount of Rs.13,000/- alongwith interest @ 9% P.A. w.e.f. 27.09.2017 till realization. Opposite party No.1 is further directed to pay Rs.3,000/- on account mental tension and harassment and Rs.2,000/- as cost of litigation. Entire exercise shall be completed within 30 days from the date of receipt of copy of this order.

9.       The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

10.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                      

                               (Lalit Mohan Dogra)

                                                                         President.  

Announced:                                          (B.S.Matharu)

Aug. 23,2023                                                Member

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