Delhi

North East

RBT/CC/218/2022

ISHWAR SINGH - Complainant(s)

Versus

MR.TITU - Opp.Party(s)

14 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

RBT/Complaint Case No. 218/22

In the matter of:

 

	Sh. Ishwar Singh, S/o Sh. Prem Raj, R/o H.No. 121, MCD Colony,  Near Water Tanki, Samaypur Badli, Delhi-110042		Complainant
	Versus
1.         2.	Mr. Titu M/s Gopal Sons Jewelers T-5, Mool Chand Colony, Adarsh Nagar, Delhi-110033   Gopal Sons Jewellers C-1000/2, Jahangir Puri, Delhi-110033		Opposite Parties
		DATE OF INSTITUTION: JUDGMENT RESERVED ON: DATE OF ORDER:		19.11.18 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

1. 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. 1000/- 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 his account was opened on 05.02.17 and he paid instalment of 13 months. Thereafter, the Opposite Party closed his shop. The Complainant stated that he approached Opposite Party at his residence and requested for payment of his money but all in vain. The Complainant approached Opposite Party many times for payment of his money but Opposite Party did not paid heed to his request. On 19.07.18 Complainant lodged FIR at Police Station Jahangirpuri and in DCP office on 01.08.18 by Complainant relative. The Complainant approached Opposite Party many times for payment of his money but Opposite Party did not paid him the money. Complainant has prayed for deposited amount of Rs. 13,000/- with interest from the date of deposit. He has also prayed for Rs. 50,000/- for mental harassment and Rs. 1,100/- for litigation expenses.
2. None has appeared on behalf of Opposite Party No.1 and Opposite Party No.2 to contest the case despite service of notice on 09.01.19 and 12.01.19 respectively. Therefore, both the Opposite Parties were proceeded against Ex-parte vide order dated 08.08.19.

Ex-Parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. 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 his affidavit and documents filed by him. The Opposite Parties did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed. Opposite Parties are directed to pay the deposited amount of Rs. 13,000/- jointly and severally to the Complainant with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Parties are further directed to pay Rs.10,000/- jointly and severally 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.
6. 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