DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 291 of 27.7.2017

                                      Decided on:            11.6.2021

Chajju Ram son of Sh.Ram Sarup Resident of Village Dandrala Khraud Tehsil Nabha District Patiala.

                                                                   …………...Complainant

                                      Versus

1. Lovely Son of Sh.Hans Raj, resident of village Bhagwanpur @ Khatriwala Tehsil Samana District Patiala.
2. Gurdeep Singh son of Mithu resident of village Bhagwanpur @ Khatriwala Tehsil Samana, District Patiala.
3. Harbans Singh s/o Prittam Singh resident of village Bhagwanpur Tehsil Samana, District Patiala.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member

ARGUED BY

                                       Sh.Dharminder Shouri,counsel for complainant.

                                      Opposite parties ex-parte.                                  

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Chajju Ram (hereinafter referred to as the complainant) against Lovely and others (hereinafter referred to as the OP/s).
2. The brief facts of the case are that the complainant being the owner of a combine contacted the OPs to take  their services for which the OPs agreed and  written agreements were executed between the parties. It is averred that OP No.1 agreed to work as a first driver on the combine during whole season @ Rs.17000/- plus Rs.17/- per acre commission and Rs.7000/- was given to OP No.1 as advance on 11.7.2016.It is further averred that OP No.2 agreed to work as 2^nd driver for whole season @ Rs.13000/- Plus Rs.13/- per acre commission and Rs.15000/- was given to him on 11.7.2016 as advance. Similarly OP No.3 agreed to work as an helper on combine during whole season @ Rs.9000/- plus Rs.9/- per acre commission and Rs.5000/- was given to him as an advance on 11.7.2016.It is further averred the OPs after taking the advance amount did not provide services to him. The complainant requested them for the return of the advance money took by them but they did not do so. The complainant also got sent legal notice to them but all in vain. As such they committed deficiency in service on their part and caused physical and mental agony as well as financial loss to the complainant. Hence this complaint with the prayer to accept the same by giving direction to the OPs to pay Rs.4,00,000/-alongwith interest, as loss caused to the complainant during season and also to pay Rs.2500/- as cost of litigation expenses.
3. Notice of the complaint was duly served upon the OPs through registered post but they did not come present to contest the complaint and were accordingly proceeded against ex-parte on 4.10.2017.
4. In support of the complaint,the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C6 and closed the evidence.
5. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. The ld. counsel for the complainant has argued that the OPs inspite of taking advance from the complainant have not provided any services to the complainant.Hence the complaint be allowed.
7. To prove the complaint, the complainant tendered his affidavit,Ex.CA and has deposed as per his version, in support of his version one Jagroop Singh has tendered his affidavit Ex.CB.Ex.C1 is the agreement executed with Lovely whereby he agreed to work for whole season and received Rs.7000/- in advance. It is dated 11.7.2016.Ex.C2 is the agreement executed with Gurdeep Singh whereby he agreed to work for whole season and received Rs.15000/- in advance. It is also dated 11.7.2016.Ex.C3 is the agreement executed with Harbhajan Singh whereby he promised to work for whole season and got Rs.5000/-in advance from the complainant. As per the version of the complainant the OPs did not provide their services and also not refunded the amount which they have taken in advance from him.The complainant got sent legal notice,Exs.C4,C5 and Ex.C6 to the OPs but they did not reply the same. As such the evidence lead by the complainant remained unrebutted as the OPs did not come present to contest the case despite they have sent notice through registered post and have chosen to remain absent. The OPs have thus guilty of deficiency in service on their part and are thus liable to refund the amount received from the complainant in advance.
8. So, the complaint is partly allowed. The OP No.1 is directed to refund the amount of Rs.7000/-to the complainant, OP No.2 is directed to refund the amount of Rs.15000/-to the complainant and OP No.3 is directed to refund the amount of Rs.5000/-to the complainant alongwith interest @6% per annum from the date of receipt of the amount and also to pay Rs.10,000/- as compensation and Rs.10,000/- as litigation expenses severally or jointly.        

Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:11.6.2021

                                         Vinod Kumar Gulati           Jasjit Singh Bhinder

                                               Member                                     President