DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 182/2017
D.No.__________________ Date: ________________
IN THE MATTER OF:
Smt. SANTOSH KUMARI,
W/o SH. HOSHIYAR SINGH,
R/o B-311/4A, GALI No.25,
ASHOK NAGAR, SHAHDARA,
DELHI-110093. … COMPLAINANT
Versus
H.B.N. DAIRIES & ALLIED LTD.,
(THROUGH ITS MANAGER),
BUSINESS UNIT No.523, 5th FLOOR,
HBN OFFICE, D-MALL, PLOT-D,
DISTRICT CENTER, PASCHIM VIHAR,
NEW DELHI-110087. … OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 07.03.2017
Date of decision: 16.05.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant has taken a policy from OP on deposit of
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Rs.300/- per month from 15.09.2009 to 15.03.2015 and OP has assured to give Rs.25,650/- to the complainant on or after 15.03.2015 and in the meanwhile, if there is a delay in deposit of monthly sum of Rs.300/- then OP used to charge penalty from the complainant on late deposit. After the expiry of the policy when the complainant demanded money from OP as per assurance given by OP, OP continue to seek time for the same and OP has not paid money to the complainant in respect of the policy certificate no. DO240000571 to the complainant. The complainant further alleged that even after the expiry of the policy term, OP has not paid Rs.25,650/- to the complainant and the action of OP shows unfair trade practice and there is deficiency in service on the part of OP and OP is liable to be prosecuted and punished.
2. On these allegations the complainant has filed the complaint praying for direction to OP to pay to the complainant the amount of Rs.25,650/- alongwith interest as well as compensation of Rs.20,000/- for causing mental harassment, agony and torture. The complainant has also sought Rs.5,500/- as litigation cost.
3. Notice to OP was issued through speed post for appearance on 08.05.2017 and the notice to OP has been served on 30.03.2017 as per track report. But none for OP appeared on 08.05.2017 and as such OP has been proceeded ex-parte vide order dated 08.05.2017.
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4. In order to prove her case, the complainant filed her affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of her voter ID card, copy of Policy Certificate issued by OP, copies of receipts S.No. SCG 3402263 dated 27.10.2009 of Rs.300/-, SCG 4448964 of Rs.300/- & 4448965 of Rs.605/- both dated 15.12.2009, SCG 5862719 dated 16.02.2010 of Rs.900/-, SCG 2941916 dated 18.05.2010 of Rs.300/-, SCG 8598732 dated 20.09.2010 of Rs.900/-, SCG 8006380 of Rs.1,500/- & 8006373 of Rs.300/- both dated 11.01.2011, SCG 0528826 dated 22.03.2011 of Rs.900/-, SCG 1987302 dated 28.02.2012 of Rs.2,700/-, SCG 4333849 dated 09.07.2012 of Rs.900/-, SCG 6174776 of Rs.300/- & 6174777 of Rs.600/- both dated 30.10.2012, SCG 6203688 dated 21.12.2012 of Rs.1,000/-, SCG 8243674 dated 30.04.2013 of Rs.900/-, SCG 0170483 dated 19.07.2013 of Rs.1,800/-, SCG 0331158 dated 18.09.2014 of Rs.1,800/- and SCG 0382498 dated 21.01.2014 of Rs.1,800/- issued by OP and copy of receipt dated 25.03.2015 issued OP on deposit of original policy certificate no. D0240000571.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the
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complainant. Moreover, it appears that even after receiving notice of this case from this forum, OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no defence at all in its favour.
6. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
7. Accordingly, OP is directed as under:
i) To pay to the complainant the amount of Rs.25,650/- being the amount paid by the complainant to OP.
ii) To pay to the complainant an amount of Rs.7,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.4,000/- as cost of litigation.
8. The above order shall be complied and amount to be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
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9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 16th day of May, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY :- SATYENDRA JEET
