Complainant  Dharampal through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the opposite parties  be directed to settle the claim i.e. to deliver the Tijori to him or to refund the paid amount i.e. Rs.40,000/- to him alongwith interest. Opposite parties be further directed to pay Rs.30,000/- as damages on account of mental tension and harassment and Rs.10,000/- as litigation expenses, in the interest of justice.

2.      The case of the complainant in brief is that he is doing the business of Saraf. He had already installed a Safe (Tijori) from the opposite parties. In the month of April, 2017 that installed Tijori was creating problem and as such he made call to the opposite party no.1 and it sent the opposite party no.2 who is employee of opposite party no.1 to repair the installed Tijori. The opposite party no.2 allured him to purchase the new Tijori and they showed the pics of  Tijori on his mobile. At that time the opposite party no.2 made a call to opposite party no.1 and one Tijori was selected by him and its cost was Rs.55,000/-. He paid Rs.40,000/- at that time and asked for the bill and the opposite party no.2 said that he has not brought the bill book. He made a slip on which he received Rs.40,000/- and balance is Rs.15,000/-. The opposite party also gave a Bank Account No.0113002107356153 of Punjab National Bank which pertains to one R.K.Mehra and also told that to deposit the remaining amount in the said bank account number. It was also settled that the balance amount will be paid at the time of delivery of Safe (Tijori) to him at his address i.e. M/s.Dharampal Saraf, Villge Bamial, Tehsil and District Pathankot..  The opposite parties had not sent the safe to him till date and as such he made many calls to the opposite parties. He also visited the opposite parties at Delhi in the Month of December, 2017 and the opposite parties promised that the safe will be delivered in 5-6 days to him but till date the opposite parties had not delivered the safe to him.  He has suffered loss and mental agony from the act and conduct of the opposite parties and from their act and conduct it seems that the opposite parties are not willing to pay the abovsaid amount to him intentionally.  Thus, there is clear cut deficiency in service and unfair trade practice on the part of opposite party. Hence this complaint.

3.       Notice issued to the opposite parties had not been received back. Case called several times but none had come present on behalf of opposite parties. Hence, opposite parties were proceeded against exparte vide order dated 09.4.2018        

4.     Counsel for the complainant tendered into evidence affidavit of complainant Ex.CW-1/A and photocopy of receipt Ex.C1 and closed the evidence. 

5.       Precisely the case of the complainant is that complainant Dharampal is the sole proprietor of M/s.Dharampal Saraf, Village Bamial, Tehsil and Distt. Pathankot and is doing the business of gold articles. The opposite parties are dealing in the manufacturing of Wholesaling and trading a huge compilation of Safe, Cash Box, Computer Table, Powder Coated Almirah, Steel Table, Conference Table, Dan Patra, Book Case etc.

6.            The complainant has placed on file an affidavit in which he reiterated the allegations made in the complaint. Only one document i.e. a slip is produced alongwith affidavit. No letter head, no bill book is mentioned. On this slip an amount of Rs.55000-40000 = 15,000/- is written and signed by Dinesh Mehra opposite party no.2, who is employee of opposite party no.1. He has also written on it an account no under which one name R.K.Mehra and the Bank name is written as P.N.B. All these things give strength to the averments of complainant which he has made in the complaint. As this document and the whole complaint is not controverted, rebutted or denied by opposite parties by appearing in the Forum, we have no cogent reason to disbelieve the version of complainant.

7.       From the above discussion, this Forum finds opposite parties guilty of deficiency in service and unfair trade practice as they have not provided the Tijori to complainant even after getting advance amount and the complainant has suffered mentally and economically in his business transactions and has suffered monetary loss also.

8.      In view of above discussion, the complaint of the complainant is partly accepted and opposite parties are directed to deliver the ordered Tijori to complainant within 30 days from the date of receipt of copy of order, failing which they shall be liable to refund the advanced amount received by them i.e. Rs.40,000/- with interest @ 6% P.A. from the date of receipt of amount till its payment. Opposite parties are further directed to compensate the complainant for mental harassment he suffered to the tune of Rs.10,000/- and complainant is also entitled  for Rs.5,000/- as ligation expenses. Entire compliance to be made within 30 days on receipt of the copy of this order.

9.           Copy of the orders be issued to the parties free of cost and file be consigned to record. Announced in open Forum. The complaint could not be decided within prescribed time due to rush of work.

 ANNOUNCED:                   (Rachna Arora)                   (Rajita Sareen)

 October 29, 2018.                      Member                       Presiding Member

 MK