Haryana

Ambala

CC/131/2019

Nitin Payal - Complainant(s)

Versus

Mohit Gaba - Opp.Party(s)

Santosh Kumar

07 Aug 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint case No.:  131 of 2019.

                                                          Date of Institution  :  23.04.2019.

                                                          Date of decision     :  07.08.2019.

 

Nitin Payal s/o Shri Yashwant Singh, r/o H.No.40, Chanderpuri Colony, Near Dipo Holder, Vill. Machhonda, Ambala Cantt, District Ambala.

 

                                                                                       …. Complainant.                                                   Versus

 

Mohit Gaba s/o Shri Kharaiti Lal Gaba, R/o 379/2, Swamiyan Street, Ambala City, District Ambala.

               ..…. Opposite Party

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Satish Kumar, Advocate, counsel for complainant.

OP ex-parte.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’), praying for issuance of following directions to him:-

1. To refund amount of Rs.44,500/-, paid for hiring the cab.
2. To pay Rs.1,00,000/- as compensation for the mental agony and physical harassment suffered by him.
3. To pay Rs.11,000/- as litigation expenses and cost of legal notice.
   382.  

Any other relief which this Hon’ble Forum may deem fit.

 

Brief facts of the case are that the complainant is the resident of Ambala Cantt and was studying at Chandigarh University, Gharuan, Mohali. He engaged the cab of OP for Pick and Drop from Ambala Cantt to Chandigarh University (Gharuan) for the period of one year i.e. 01.07.2018 to 30.06.2019. He paid an amount of Rs.44,500/- in advance, i.e. Rs.30,000/- vide cheque No.397361 of Axis Bank Ltd and Rs.14,500/- in cash. In this regard, the OP had given an affidavit mentioning therein the cheque details and also the terms of the cab services. In Para No.2 (a) of the said affidavit, it is categorically mentioned that if there is any breach in term of the service, then he shall be liable to refund double the amount received from the complainant. The OP did not provide the cab services regularly/satisfactorily, as a result whereof, the complainant either to go by bus or to hire another taxi to reach the destination and had to face lot of inconvenience. In this regard, he and his parents complained the OP, who gave assurance to provide the proper services. Inspite of that, the OP did not provide him proper service despite of receiving Rs.44,500/- in advance. He served upon a legal notice to the OP on 06.03.2019 through registered AD/UPC, but the same was not replied by him. By not giving proper cab services, the OP had committed deficiency in service. Hence, the present complaint.

2.                Upon notice, none appeared on behalf of the OP before this Forum, therefore, he was proceeded against ex-parte vide order dated 20.06.2019.

3.                The learned counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 to C-5 and closed the evidence on behalf of complainant.

4.                We have heard the learned counsel for complainant and carefully gone through the case file.

5.                The learned counsel for the complainant has contended that the complainant engaged cab of the OP for Pick and Drop from Ambala Cantt to Chandigarh University (Gharuan) for a year by paying an amount of Rs.44,500/-, out of which, he paid Rs.30,000/- by cheque, as is evident from the statement of account of Axis Bank Ltd. Annexure C-5 and Rs.14,500/- in cash. This fact has fairly been admitted by the OP in the Undertaking given by him (Annexure C-4). In para No.2 (a) of this Undertaking, it is mentioned that “If deponent (OP) break undertaking, then he will be bound to refund double of the charge with penalty”. However, the OP had failed to provide the proper cab services, due to which, the complainant had faced a lot of difficulties to reach at the destination. Despite service, OP preferred not to appear before this Forum and rebut the above said version of the complainant. Thus, we have no option but to accept the version of the complainant, which is duly supported by his affidavit and other supporting documents. Since the OP failed to provide proper cab service to the complainant, therefore, he is not only liable to refund the amount of Rs.44,500/-, charged from the complainant, but is also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation charges.  

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To refund the amount of Rs.44,500/-.
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                   The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :07.08.2019.

 

 

          (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

              Member                             Member                            President