BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 310 of 2019                                                                       

                                                   Date of Institution         :    10.6.2019

                                                          Date of Decision   :    25.07.2019.

Deepak Kumar Dahiya (aged about 21 years) son of Sh. Rajender Parsad Dahiya, resident of H. No. 194-B, Police Line, Sirsa, Tehsil & District Sirsa, State Haryana.

                      ……Complainant.

                             Versus.

Inderpal Rana, Proprietor of Dhruv P.G. & Hostel, # 616, Bijwasan, New Delhi- 110061 (Mob. No. 99900-00151)

  ...…Opposite party.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SH. R.L.AHUJA…………………………PRESIDENT

          SH. ISSAM SINGH SAGWAL …… MEMBER.

          SMT. SUKHDEEP KAUR………….MEMBER

Present:       Sh. Rajnish Moond,  Advocate for the complainant.

                   Opposite party exparte.

ORDER

                   The case of the complainant in brief is that opposite party is running a P.G and hostel under the name and style of Dhruv P.G & Hostel at New Delhi. That complainant had to stay at Bijwasan New Delhi for the purpose of coaching of hotel management. It is further averred that complainant stayed at the P.G. of op from September, 2018 to December 2018 and for this op charged an amount of Rs.3500/- as security deposit money from the complainant which was refundable and also Rs.4800/- per month as monthly rent. The complainant paid total amount of Rs.8300/- on 7.9.2018 through online payment from the account of his father to the op and at that time the op assured the complainant that security amount of Rs.3500/- will be returned back to him at the time of leaving PG subject to peaceful stay of complainant without causing any damage to property of said PG. It is further averred that complainant stayed peacefully and abide all the rules and regulation of management while staying as paying guest till 30.12.2018 and during this period he regularly paid the PG charges of Rs.4800/- per month to the op through online banking. It is further averred that complainant left PG on 30.12.2018 and requested the op to return the security amount but op has not returned the same till now. The complainant has been approaching and requesting the op to return the security amount but the op has been putting him off on one pretext or the other. That complainant also sent a legal notice dated 9.5.2019 to the op but to no effect. Hence, this complaint.

2.                Notice was sent through registered post which received back with the report of refusal and none appeared on behalf of op and as such op was proceeded against exparte.

3.                The complainant has tendered affidavits Ex.CW1/A, Ex.CW2/A and documents Ex.C1 to Ex.C3.

4.                We have heard learned counsel for complainant and have perused the case file carefully.

5.                The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has reiterated all the averments made in his complaint. He also tendered affidavit of his father Sh. Rajender Parsad as Ex.CW2/A in which he has corroborated the version of the complainant. The complainant has also placed on record copy of statement of account Ex.C1, copy of legal notice Ex.C2 and postal receipt Ex.C3. It is proved from the evidence of complainant that complainant stayed in the PG of op on monthly rent of Rs.4800/- and he had also deposited Rs.3500/- as security which was refundable. As per allegations of complainant, after leaving PG, the op has not made refund of the security amount. The op is legally bound to refund the security amount of the complainant and non refund of the same clearly amounts to deficiency in service on the part of op.

6.                In view of the above, we allow the present complaint and direct the opposite party to refund the amount of Rs.3500/- to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @7% per annum from the date of order till actual payment. We also direct the op to pay a sum of Rs.2000/- as composite compensation and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.

Announced in open Forum.     Member      Member                President,

Dated:25.7.2019.                                                            District Consumer Disputes

                                                                                       Redressal Forum, Sirsa.