BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.101 of 2018
Date of Institution: 12.3.2018
Date of Decision: 4.4.2018
Parvesh son of Sh. Rakesh Jain, resident of House No.D-18, Mini Sectt. Barnala Road,
Sirsa.
………Complainant.
Versus
Matrix Black Scissors Saloon, Barnala Road, near Baba Bhumanshah Chowk, Shiv Bhole Complex, Sirsa through Proprietor/ Partner/ Owner Firm or Incharge.
……… Opposite party.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SH. MOHINDER PAUL RATHEE … MEMBER
Present: Complainant in person.
Opposite party exparte.
ORDER
In brief, case of complainant is that on 19.2.2017, complainant had obtained a membership of Matrix Black Scissors Saloon, Sirsa as per its scheme after paying an amount of Rs.500/- and he was issued a card validity No.0913 and in this way he is the consumer of the opposite party. It is further averred that at the time of issuing membership to the complainant, the opposite party told that the member or any member of his family can avail the facility of the scheme. It is further averred that in the membership card, the amount of the different work is shown as Rs.5690/- and the member had to pay Rs.500/- for all these works and the membership was valid for one year. It is further averred that after becoming member, his sister Shilpa went to the opposite party for advance hair cut for female alongwith membership card, the cost of which was shown as Rs.300/- and after doing cut, the sticker of the cut on the membership card was punched by the firm so that member/ his family member may not come for this work again. But after the cut despite the membership, the op charged an amount of Rs.250/- from his sister and the op did not issue any receipt/ bill of that extra amount despite demand and therefore, it is clearly evident that the op charged the amount wrongly whereas the said facility was free to the member and the op did not give any reply as to why extra amount was charged. It is further averred that in the month of April, 2017, sister of complainant namely Shilpa again visited opposite party for clean up as mentioned on the card, the cost of which was shown as Rs.500/- on the card and after doing the said work, the opposite party punched that work on the card, so that member or his any family member may not avail such facility again but the opposite party again charged an extra amount of Rs.300/- from his sister and did not issue any receipt or bill in this regard whereas this facility was free to the member. It is further averred that in the month of July, 2017, sister of complainant Shilpa went to the opposite party for facial, the cost of which was shown on the card as Rs.1000/- but she asked from the firm before the facial that whether they will charge any extra amount from the member of the card after this work then they replied that she has to pay extra amount of Rs.600/- because the facial which is to be done by the firm according to her face is not available in their package. When he refused to pay the extra amount, the opposite party refused to do the facial of her sister despite the membership. Thereafter, the complainant or his any family member did not visit the opposite party alongwith membership card for any work. That due to the act and conduct of the opposite party, the complainant has suffered mental as well as physical harassment and the opposite party has caused deficiency in service as well as unfair trade practice towards the complainant. The opposite party is liable to refund an amount of Rs.1050/- alongwith interest and also liable to pay compensation to the complainant. Hence, this complaint.
2. Notice of the complaint was issued to the opposite party but opposite party did not appear despite service and was proceeded against exparte.
3. The complainant produced his affidavit Ex.CW1/A, copy of membership card Ex.C1 and copy of aadhar card Ex.C2.
4. We have heard complainant and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A wherein he has reiterated all the averments made in his complaint. He has also produced copy of membership card as Ex.C1 and copy of his aadhar card alongwith copy of aadhar card of Shilpa his sister as Ex.C2. Since, the opposite party did not appear despite service through Vijay Singh owner of the shop on 19.3.2018 for 27.3.2018, as such opposite party was proceeded against exparte on 27.3.2018. So, the pleadings and the evidence led by complainant goes as unchallenged and unrebutted. It is proved fact on record that complainant had taken membership of the opposite party on 19.2.2017 which covered the complainant as well as members of the family of complainant. It is also proved that sister of complainant namely Ms. Shilpa had visited to the opposite party for hair cut, clean up and facial but the opposite party had charged a sum of Rs.550/- in extra from her despite membership card as per the deposition of the complainant in his affidavit. The opposite party is liable to refund the amount of Rs.550/- extra charged from the sister of complainant alongwith an amount of Rs.500/- which was paid by complainant for membership card. The opposite party is also liable to compensate the complainant for causing deficiency in service and unfair trade practice towards the complainant.
6. In view of the above, we allow the present complaint and direct the opposite party to make refund of the amount of Rs.1050/- to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum on the above said amount of Rs.1050/- from the date of order till actual payment. We also direct the opposite party to pay a sum of Rs.1500/- as compensation to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Pronounced in open Forum. Member President,
Dated: 4.4.2018. District Consumer Disputes
Redressal Forum,Sirsa
