BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 185 of 2022
Date of Institution: 17.03.2022
Date of Decision: 09.03.2023.
Dr. Vivek Gagneja aged about 45 years, Proprietor/ Director M/S. Vivek Eye Hospital, Surkhab Chowk, Sirsa.
………Complainant.
Versus
Lovely Enterprises, 49, Dwarkapuri, Opp. Samsung Care Center, Sirsa, Haryana through its Proprietor Deepak Chhabra. M. No. 9812839107, 9996997928.
……… Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR………. PRESIDENT
SMT. SUKHDEEP KAUR……………..MEMBER
SH. OM PARKASH TUTEJA… ……….MEMBER
Present: Sh. Ashish Singla, Advocate for complainant.
Opposite party already exparte.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred as OP).
2. In brief, the case of the complainant is that complainant is renowned Eye Specialist and is running his hospital under the name and style of M/s Vivek Eye Hospital for the last number of years. The op deals in the customary gift items like Pen Stand, Coloured Pens, Key rings, diaries, designer key ring and clocks etc. It is further averred that complainant wanted to gift certain customized gift items like pen stand, pens, paper weight, key rings etc. to his relatives, friends and near and dear ones occasionally and for that purpose he had placed an order vide order No. 282 dated 27.07.2021 to the op worth Rs.29,000/- out of which complainant had paid advance sum of Rs.15,000/- to the op in cash as part payment, which was duly acknowledged by the op on the order invoice itself. It is further averred that it was promised to pay the balance amount at the time of supply of the ordered items. That the above said ordered items were to be supplied by op within 10-12 days of the order. It is further averred that after expiry of 15 days, the complainant contacted the op for delivery of the gift items but despite repeated requests, the op did not supply the same to the complainant. That after passing of more than three months, the complainant got served a legal notice dated 30.10.2021 to the op but it remained un-replied and then again a reminder legal notice was also issued to the op on 30.11.2021 which was also not replied. It is further averred that even after expiry of about seven months from the date of order, the ordered items have not been delivered by the op and no reply has been given by him which clearly amounts to deficiency in service on account of which complainant has suffered mental pain and agony besides harassment and financial loss. That complainant approached the op and requested him many a times either to supply the ordered items or to refund the advance part payment with interest, but to no effece. Hence, this complaint.
3. On notice, initially op appeared through counsel and sought adjournments for filing written statement but did not file written statement despite availing opportunities. Ultimately on 14.12.2022 none appeared on behalf of op and therefore, op was proceeded against exparte.
4. In exparte evidence, the complainant has tendered his affidavit Ex.C1 and copies of documents i.e. Order No.282 dated 27.07.2021 Ex. C2, legal notice Ex. C3, postal receipt Ex. C4, delivery report Ex.C5, reminder to legal notice Ex.C6 and adhar card Ex.C7.
5. We have heard learned counsel for complainant and have gone through the case file.
6. The complainant in order to prove his case has furnished his affidavit Ex.C1 in which he has reiterated all the contents of his complaint. From the document Ex.C2 i.e. Order No.282 dated 27.7.2021, it is evident that complainant had placed order to op for purchase of pen stands, pens, paper weight and key rings etc. worth Rs.29,000/- and had also paid an advance amount of Rs.15,000/- to the op and remaining amount of Rs.14,000/- was to be paid to the op by the complainant after supply of above said articles. However, according to the complainant despite his several requests, legal notice and reminder to legal notice sent to the op, the op has failed to supply the above said items to the complainant. The op despite appearance has failed to rebut the pleadings of the complainant by filing any written version and ultimately opted to be proceeded against exparte. Therefore, the pleadings as well as evidence of complainant remained as unchallenged and unrebutted. So, it is proved on record that op did not supply the above said items ordered by the complainant despite advance payment of Rs.15,000/- and even has not refunded the amount received from the complainant and this clearly amounts to deficiency in service as well as unfair trade practice on the part of op and as such op has caused unnecessary harassment to the complainant. The complainant is entitled to refund of his amount of Rs.15,000/- alongwith interest from op besides compensation for harassment and litigation expenses.
7. In view of our above discussion, we allow the present complaint and direct the opposite party to refund the amount of Rs.15,000/- to the complainant alongwith interest @6% per annum from the payment of said amount to op i.e. 29.07.2021 till actual payment. We also direct the op to further pay a sum of Rs.5000/- as composite compensation for harassment and litigation expenses to the complainant. The op is directed to comply with this order within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be at liberty to initiate proceedings under Sections 71/72 of the Consumer Protection Act, 2019 against the op. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced: Member Member President,
Dated: 09.03.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
