IN THE STATE COMMISSION: DELHI

(Constituted under section 9 of the Consumer Protection Act, 1986)

           Date of decision: 14.10.2014

First Appeal- 438/2013

Ms. Tanvi Aggarwal

D/o Sh. Satish Aggarwal

R/o G-123, Ground Floor,

Dilshad Colony, Delhi-110095

                                                                                           …..Appellant

VERSUS

India Infoline Ltd.

31/3, First Floor, Nazafgarh Road,

Industrial Area, Moti Nagar Branch

Moti Nagar, New Delhi-110015,

Through Its Manager

                                                                                        …..Respondent

CORAM

Justice Veena Birbal, President

Salma Noor, Member

N P Kaushik, Member (Judicial)

1. Whether reporters of local newspaper be allowed to see the judgment?

2. To be referred to the reporter or not?

(Justice Veena Birbal, President)

1)             Vakalatnama is filed by the counsel for respondent.

2)             There is an application for condonation of delay. In view of the reasoning given, delay in filing the appeal is condoned.

3)            Heard on admission. Admit. Counsel for the respondent accepts notice.

4)           The complaint filed by the appellant herein i.e. complainant before the District Forum against respondent/OP was for grant the of compensation for harassment being caused to him for not opening demat account and also for the return of the amount which appellant had given for the said purpose.

5)        After considering the material on record i.e. pleadings and evidence on record, vide impugned order the District Forum has awarded Rs. 4,424/- along with interest @ 9% from the date of filing of the complaint till realization of the amount.

6)        The District Forum has also awarded compensation of Rs. 1,500/- to the appellant/complainant.  

7)          Aggrieved with the aforesaid order, present appeal is filed.

8)         During the course of arguments, Ld. counsel for the appellant has stated appellant has not grievance as regards refund of amount of Rs. 4,424/- along with interest @ 9%. It is stated that the grievance of the appellant is that the compensation amount awarded to her is on lower side. Ld. counsel for respondent has submitted that respondent is ready to enhance the compensation from Rs. 15,00 to Rs. 5,500/-. Ld. counsel for the appellant has agreed for the same. Considering the facts and circumstances, we also consider that Rs. 5,500/- will be appropriate amount towards compensation.

9)          Accordingly with the consent of the parties, the impugned order is modified to the extent that the compensation amount is enhanced from 15,00/- to 5,500/-. The remaining amount awarded shall remain the same. The impugned order stands modified accordingly.
              Appeal stands disposed of accordingly.

              The respondent is directed to make the payment latest by 31.10.2014. 

               Renotify on 31.10.2014.