DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 295/2017
D.No.________________ Dated:___________________
IN THE MATTER OF:
SIDDHARTH JAIN,
S/o LATE SH. SUNIL KUMAR JAIN,
R/o H. No. 49, POCKET-5, SEC.-22,
ROHINI, DELHI-110086.… COMPLAINANT
Versus
HIRING HR MANAGEMENT SOLUTION LLP.,
401 TO 404, 3rd FLOOR, SHIVAM COMPLEX,
PLOT No.-10, OPP.-HUDA OFFICE, SEC-14,
OLD DELHI-GURGAON ROAD, GURGAON. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 12.04.2017
Date of decision: 13.02.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986 therebyalleging that on 07.10.2016, the complainant booked a service provider for commercial driver through online and thereafter one representative Mr. Amit of OP came at premises of the complainant in Rohini and collected Rs.3,500/- against cash receipt no.10061
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dated 08.10.2016 in advance and OP agreed to provide a commercial driver within one week and an agreement was made between the parties that either OP will provide service otherwise refund 100% amount after one week. The complainant further alleged that the complainant was shocked when passing of one week there is no any response from OP regarding driver.After that the complainant approached to OP but OP kepton avoiding the matter. Thereafter, the complainant many times approached OP telephonically and requested to provide the commercial driver but all the requests of the complainant were fallen in deaf ears. The complainant further alleged that the complainant paid hard earned cash amount to OP despite that OP did not provide the commercial driver to the complainant. The complainant further alleged that there is an unfair trade practice and deficiency in service on the part of OP and OP has cheated the complainant.
2. On these allegations the complainant has filed the complaint praying for direction to OP to refund the invoice amount of Rs.3,500/- alongwith interest from the date of agreement as well as compensation of Rs.90,000/- for causing him mental agony, physical and harassment and has also prayed for litigation cost of Rs.1,100/-.
3. Notice to OP was issued through speed post for appearance on 12.07.2017 and as per track report OP has been served through
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speed post on 22.05.2017, but none for OP appeared on 12.07.2017 & 10.10.2017 and as such OP has been proceeded ex-parte vide order dated 10.10.2017.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of visiting card of OP, copy of invoice/bill no. 10061 dated 08.10.2016 of Rs.3,500/- issued by OP, copy ofcontact form Sl. No. 1288 issued by OP & copy of terms & conditions of agreement.
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 thecomplainant. Moreover,it appears that even after receiving notice of this case from this forum, the OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no case at all in their favour. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
6. Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.3,500/-which was paid by the complainant to OP.
ii) To pay to the complainant an amount of Rs.3,000/- as compensation for causing mental agony and harassment caused.
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iii) To pay to the complainant an amount of Rs.1,000/- towards cost of litigation.
7. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving 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 of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. 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 13thday of February, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
