Delhi

North East

RBT/CC/227/2022

NAVEEN MADAN - Complainant(s)

Versus

M/S CROSS ROADS INDIA ASSISTANCE PVT.LTD. - Opp.Party(s)

05 Jun 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. 227/22

 

 

In the matter of:

 

	Sh. Naveen Madan S/o Sh.  H.L Madan R/o A-3/76, Sector-3, Rohini, Delhi-110085	Complainant
	Versus
	Cross Road India Assistance Pvt. Ltd. X-1, Okhla Industrial Area Phase-II Delhi-110020	Opposite Party

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:   DATE OF ORDER:

20.08.18 17.02.23 05.06.23

 

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 on 27.10.16 one representative of Opposite Party approached the Complainant for Lifetime membership of his car vide registration no. DL 9C-QS-4904. On 28.10.16 Complainant paid Rs. 2,500/- to representative of Opposite Party vide receipt no. 694048 and membership no. 11198201264 for lifetime membership. On 27.04.18 one executive of Opposite Party again approached Complainant for renewal of membership and Complainant paid Rs. 2,000/- vide receipt no. 9232. The Complainant stated that Opposite Party sold another subscription against Rs. 2,000/- in addition to Rs. 2,500/- paid for lifetime subscription paid in October 2016. The Complainant stated that Complainant approached Opposite Party to refund excess amount but all in vain. The Complainant also sent various emails to Opposite Party but Opposite Party did not pay any heed to the request of Opposite Party. The Complainant stated that he lodged an online complaint on consumer helpline. Complainant had also sent a letter along with document via speed post to Opposite Party on 11.07.18 on company address. The Complainant requested Opposite Party to refund the excess amount but Opposite Party failed to do so. Hence this shows deficiency on the part of Opposite Party. The Complainant has prayed to refund the excess amount of Rs. 2,000/- with interest from the date of payment and Rs. 50,000/- towards mental harassment. He further prayed for     Rs. 1,100/- as litigation expenses.
2. None has appeared on behalf of Opposite Party to contest the case. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 20.11.18.

 

 

Ex-parte evidence of Complainant

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

Arguments and Conclusion

4. We have heard the Ld. Counsel for the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party 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 discussion, the complaint is allowed. The Opposite Party is directed to refund the amount of Rs. 2,000/- to the Complainant with interest @ 6 % p.a. from the date of filing the complaint till recovery. The Opposite Party is further directed to pay Rs. 5,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 05.06.23.

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