BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.73 of 2015

Date of Instt. 02.03.2015

Date of Decision :11.06.2015

Trilok Singh aged about 70 years son of Mehar Singh R/o House No.60, Street No.8, Sangat Singh Nagar, Jalandhar.

..........Complainant Versus

Happy Therapy Centre, through its authorized signatory, 15-16, Guru Ram Dass Market, Near Adarsh Palace, Kapurthala Chowk, Jalandhar.

.........Opposite party

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Sh.Parminder Sharma (Member)

Present: Sh.Gagandeep Adv., counsel for complainant.

Opposite party exparte.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under the Consumer Protection Act, against the opposite party on the averments that the complainant is 70 years of age and is a pensioner. As the complainant suffered mild paralysis attack on his left side and keeping in mind the name of the opposite party in therapy, the complainant was availing the service of the opposite party for therapy. The opposite party induced the complainant that there is a thermo therapy bed which will give relief to the complainant and the complainant will get assured gift on purchasing the same. The complainant showed his inability for purchasing the same as the cost of thermo therapy bed told by the opposite party was Rs.1,35,000/-. The complainant showed his inability for purchasing the same as the complainant is pensioner and was not aware of the specifications of the said bed. The opposite party induced the complainant that the opposite party will make aware the complainant about the specifications of the said bed and the complainant just need to pay booking amount of Rs.20,000/- initially and that too is refundable, if the complainant did not go for purchasing the same. The opposite party further induced the complainant that the complainant can pay rest of the amount by installments. Being induced by the opposite party, the complainant paid the opposite party amount of Rs.20,000/- vide cheque as booking amount and qua to that receipt bearing No.140 dated 17.12.2014 was issued by the opposite party. The said cheque was got encashed by the opposite party. As the complainant is pensioner and the complainant was not satisfied with the specifications, the complainant showed his inability to purchase the said bed and asked the opposite party to return back the said booking amount of Rs.20,000/- which was taken by the opposite party from the complainant vide receipt bearing No.140 dated 17.12.2014 and regarding which the opposite party gave the assurance that the same is refundable, if the complainant does not go for purchasing the bed in question. The opposite party put off the complainant with one pretext or other. The complainant approached the opposite party number of times but the opposite party does not return the said booking amount of Rs.20,000/- to the complainant. Prior to filing the present complaint, the complainant got issued a legal notice to the opposite party. On such like averments, the complainant has prayed for directing the opposite party to refund the booking amount of Rs.20,000/- alongwith interest. He has also claimed compensation and litigation expenses.

2. Notice of this complaint was sent to the opposite party but it did not appear inspite of notice and as such it was proceeded against exparte.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C4 and closed evidence.

4. We have carefully gone through the record and also heard the learned counsel for the complainant.

5. In support of his complaint, the complainant has tendered his affidavit Ex.CA. The complainant gave booking amount of Rs.20,000/- to the opposite party vide receipt dated 17.12.2014 Ex.C1. It is in the affidavit of the complainant that opposite party induced him that it will make aware the complainant about the specifications of the said bed and just need to pay booking amount of Rs.20,000/- initially and that too is refundable, if he does not go for purchasing the same. It is further in his affidavit that he is a pensioner and was not satisfied with the specifications and showed his inability to purchase the said bed and asked the opposite party to return back the said booking amount of Rs.20,000/- which was taken by the opposite party from him vide receipt bearing No.140 dated 17.12.2014 and regarding which the opposite party gave the assurance that the same is refundable, if he does not go for purchasing the bed in question. The opposite party has not come present to rebut the above allegations of the complainant. Even before filing the present complaint, the complainant served legal notice dated 22.1.2015 Ex.C2 upon the opposite party. Ex.OP3 is postal receipt regarding above said notice. The opposite party has not appeared inspite of service so it appears that it has nothing to say in the matter. So un-rebutted allegations of the complainant that he was not satisfied with the specifications and asked opposite party to return back the booking amount regarding which opposite party gave assurance that same is refundable, if he does not go for purchasing the bed in question are reliable to be accepted.

6. In view of above discussion, the present complaint is accepted and opposite party is directed to pay Rs.20,000/- alongwith interest @ 9% per annum from the date of institution of the present complaint till the date of payment, to the complainant. He is also awarded Rs.2000/- on account of litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jaspal Singh Bhatia

11.06.2015 Member President