Haryana

Bhiwani

CC/100/2024

Smt. Gayan vati - Complainant(s)

Versus

Himalyan Aaruvedik - Opp.Party(s)

Mangal Chand

08 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    100 of 2024

                                    DATE OF INSTITUTION:                 09.04.2024

                                                DATE OF ORDER:                            08.08.2024

 

Smt. Gyanwati, age 59 years, wife of Sh. Rishi Bhan, R/o Phulpura (3), Bhiwani-127021, Tehsil and District Bhiwani.

 

            ……Complainant.

 

Versus

 

1.         Himalaya Ayurvedic Institute, Dr. Pankaj Rana,Rohtak Road, Near Hunamal Piau, New Bus Stand, Bhiwani-127021, Phone No.9896171718.

 

2.         Shree Shyam Home Loan, Rohtak Road, Near Hunamal Piau, New Bus Stand, Bhiwani-127021, Phone No.8053496283.

 

….. Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:        Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-        Sh. Suraj Chand Aggarwal, Advocate for complainant.

                      OPs exparte vide order dated 27.05.2024.

 

ORDER:

 

Saroj Bala Bohra, Presiding Member.

 

1.                     Brief facts of this case are that complainant was required a home loan and for this purpose she approached OPs who asked for paying Rs.5900/- as loan fee  which will be returned within 90 days on sanctioning of the loan. So, complainant paid Rs.5900/- online to the OPs on 08.08.2023.  But despite various requests and visits in the office of OPs, loan was not sanctioned then complainant asked to refund of the amount which the Ops received for giving loan.  Legal notice was sent to the OPs but they made fake assurances on 26.03.2024 to refund of the said amount. Hence, the present complaint has been preferred by complainant alleging deficiency in service as well as mental and physical harassment caused to complainant.  In the end, prayer has been made to direct the Ops to refund Rs.5900/- alongwith interest @ 24% per annum, also to pay Rs.1.00 lac as compensation for harassment and Rs.11,000/- as litigation expenses.

2.                     Notices were sent to the OPs but they did not respond and were proceeded against as exparte vide order dated 27.05.2024.

3.                     In evidence of complainant, affidavit Ex.CW1/A of complainant alongwith documents Annexure C-1  to Annexure C-5 were produced and closed the evidence.

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

5.                     It is evident from document Annexure C-1 that  complainant paid Rs.5900/- to the OPs on 08.08.2023 as alleged in the complaint. Complainant to prove the version of his complaint has  placed on record documents  Annexures C-2 to  annexure C-4  i.e. e-mail records, a copy of visiting card and copy of legal notice issued to OPs. Complainant to strengthen her case has placed in evidence, her duly sworn affidavit Ex. CW1/A wherein she has corroborated the contents of complaint. In view of the above as well as the fact that Ops did not defend their case despite issuing notices to them, we have no option except to believe the version of complainant. Accordingly, we are of the confirmed view that the OPs were negligent, deficient in providing alleged loan to the complainant as well as have adopted unfair trade practice which dragged the complainant into this unwarranted litigation. So, complainant must have suffered monetary loss as well as mental and physical harassment. Hence, the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

 

1. To refund Rs.5900/- (Rs. Five thousand nine hundred) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization.
2. To pay a sum of Rs.25,000/- (Twenty five thousand) to the complainant as compensation for harassment.

(iii)      Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                         In case of default, the OPs shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be supplied to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.     

Announced.

Dated:08.08.2024