District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.217/2022.

 Date of Institution: 21.04.2022.

Date of Order: 30.08.2022.

Renu Dua W/o Yudhishter Dua, resident of 2-K-5, NIT, Faridabad, Haryana – 121001, Adhar card No. 6155 5261 8987 mobile No. 8178575574.

                                                                                    …….Complainant……..

                                                            Versus

Joginder Arora, Proprietor Summer Grand Banquet, Plot No.2, T.C.C. Colony, Faridabad, Haryana – 121001.

                                                                                    …Opposite party……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:                  Amit Arora……………..President

Mukesh Sharma…………Member.

PRESENT:                Ms. Renu Dua Complainant in person.

                                    Sh.  Satbir Sharma, counsel for opposite party.

ORDER:  

                                    Today the case was fixed for filing written statement on behalf of opposite party.

2.                                 Shri Satbir Sharma, counsel for opposite party has made a statement that “I do not want to file the written statement in this case.  Instead of filing written statement I filed calculation i.e. Ex.C-1 which may be read as my written statement.”

3.                                 As per Ex.OP/1, O.P. has received Advance amount of Rs.1,00,000/-

                                                                                                            GST          Rs.   15,255/-

                                                                                                                              Rs.    84,745/-

4.                     Keeping in view of the above statement of the opposite party,   the Commission is of the opinion that as we all now in the year 2020 to 2021 the diseases Covid-19 was spreading and the government of India have declared the Lockdown in the Country and everything was getting closed.

The Hon’ble Supreme Court of India took Suo Motu Cognizance in SMWP 3 of 2020 of the situation arising out of the challenge faced by the country on account of Covid-19. 

The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings.

Hence,  direction is given to the opposite party not to deduct the amount as per the Covid-19 policy issued by the Government of  India  Hence, the complaint is allowed.  Opposite party is directed to pay Rs.84,745/- to the complainant within 30 days from the date of receipt of copy of order.  No amount of GST has been returned to the complainant.  Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.

Announced on: 30.08.2022                                                    (Amit Arora)                                                                                                                                            President

                         District Consumer Disputes

             Redressal  Commission, Faridabad.

                                                            (Mukesh Sharma)

                  Member

            District Consumer Disputes

                                                                                    Redressal Commission, Faridabad.