ANITA filed a consumer case on 14 Sep 2023 against MR.TITU in the North East Consumer Court. The case no is RBT/CC/213/2022 and the judgment uploaded on 15 Sep 2023.
Delhi
North East
RBT/CC/213/2022
ANITA - Complainant(s)
Versus
MR.TITU - Opp.Party(s)
14 Sep 2023
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST
R/o H.No. 196, St. No. 08, Harijan Colony, Village Bhalswa, Delhi-110033
Complainant
Versus
Mr. Titu
M/s Gopal Sons Jewelers
T-5, Mool Chand Colony,
Adarsh Nagar, Delhi-110033
Opposite Party
DATEOF INSTITUTION:
JUDGMENT RESERVED ON:
DATE OF ORDER:
10.08.18
28.07.23
14.09.23.
CORAM:
Surinder Kumar Sharma, President
Anil Kumar Bamba, Member
ORDER
Anil Kumar Bamba, Member
The Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986.
Case of the Complainant
The case of the Complainant is that Opposite Party launched a scheme “Kanak Uphar Versha Scheme” for a period of 20 months with a payment of Rs. 1,000/- per month. After completion the Opposite Party agrees to give ornaments of Rs. 40,000/- value or returned the amount with interest. The Complainant stated that she paid instalment of 16 months. Thereafter, the Opposite Party closed his shop. The Complainant stated that she approached Opposite Party at his residence and requested for payment of her money but all in vain. The Complainant approached Opposite Party many times for payment of her money but Opposite Party did not paid heed to her request. On 19.07.18 Complainant lodged FIR at Police Station Jahangirpuri and in DCP office on 01.08.18. The Complainant approached Opposite Party many times for payment of her money but Opposite Party did not pay the money. Complainant has prayed for deposited amount of Rs. 16,000/- with interest from the date of deposit. She has also prayed for Rs. 50,000/- for mental harassment and Rs. 1,100/- for litigation expenses.
None has appeared on behalf of Opposite Party to contest the case despite service of notice. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 08.08.19.
Ex-Parte evidence of the Complainant
The Complainant in support of her complaint filed her affidavit wherein she has supported the averments made in the complaint.
Arguments & Conclusion
We have heard the AR for Complainant. We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by her affidavit and documents filed by her. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
In view of the above, the complaint is allowed. Opposite Party is directed to pay the deposited amount of Rs. 16,000/- to the Complainant with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is further directed to pay Rs. 10,000/- to the Complainant along with interest @ 6 % p.a. from the date of this order till recovery on account of mental harassment and litigation expenses.
Order announced on 14.09.23.
Copy of this order be given to the parties free of cost.
File be consigned to Record Room.
(Anil Kumar Bamba)
Member
(Surinder Kumar Sharma)
President
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