DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088
CC No: 436/2018
D.No.____________________ Dated: ______________________
IN THE MATTER OF:
DARPAN JAIN S/o SH. RAJIV KUMAR JAIN,
R/o BE-71, SHALIMAR BAGH WEST,
DELHI-110088. … COMPLAINANT
Versus
M/s CROSSROADS INDIA
ASSISTANCE (P) LTD.,
THROUGH ITS DIRECTOR/M.D./A.O.,
X-1, OKHLA INDL. AREA,
PHASE-II, NEW DELHI. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 14.06.2018
Date of decision:09.09.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that as per the advertisements/ads OP’s company gave assurances to its customer/clients to provide immediate facilities in case any registered member vehicle on road is out of order for 24 hours in
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Delhi and NCR and as per the assurance the complainant has taken the membership of OP’s company and transferred a sum of Rs.2,500.99 through PayTM in OP’s company account for becoming a member of the OP’s company. Thereafter deposit of the said amount through PayTM, the complainant was under bonafide believe that he has become a member of the OP’s company and the complainant enquired from the OP’s company regarding the said acceptance of payment of Rs.2,500.99 and the said official of the OP’s company informed to the complainant to deposit the said membership amount again and if the payment already paid by the complainant, the same shall be refunded. Thereafter, at the assurance of the official of the OP’s company, the complainant again transferred a sum of Rs.2,502/- from his Bank Account IDFC Bank, Delhi and the said amount was duly acknowledged by OP’s company and was confirmed by the Manager namely Sh. Shubham Singh through mail on 26.09.2017 and the complainant has become a member of OP’s company vide membership no. 11194069277. The complainant further alleged that the complainant again enquired from OP’s company office regarding the previous amount of Rs.2,500.99 and the same was also confirmed by OP’s company official namely Ms. Meena Kumari on 25.09.2017 through mail and vehicle of the complainant has so many times become out of order on road and the complainant was compelled to
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make call to the office of OP’s company to take the services of remove the defects in the car but there has not been any services provided from the end of OP’s company to the complainant and on the other hand also, OP’s company has illegally and unlawfully received/taken the membership fee twice from the complainant. Thereafter, OP’s company was required to refund one of the payment to the complainant but despite repeated demands and requests made by the complainant, OP’s company did not refund the said excess payment to the complainant and even the services has also not been provided by OP even after taking the double charges on account of membership fee. In view of the above said facts, the complainant has made the payment twice for becoming a member of OP’s company for taking services as stated above and as such the complainant does not want to become a member of OP’s company any further and OP’s company is required to refund the abovesaid both the payments to the complainant alongwith interest thereon. The complainant further alleged that the complainant sent a legal notice dated 17.03.2018 to OP and the notice was duly served upon OP but OP did not comply the terms of the said notice nor give any reply to the same as yet and due to the deficiency in service on the part of OP, the complainant has suffered a huge monetary loss, mental pain agony and harassment.
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2. On these allegations the complainant has filed the complaint praying for direction to OP to refund Rs.5,003/- alongwith interest @ 24% p.a. as well as compensation of Rs.50,000/- for causing mental agony and harassment and has also sought Rs.11,000/- towards cost of litigation.
3. Notice to OP was issued through speed post for appearance on 17.09.2018 & 19.12.2018 and the complainant filed proof of service of notice and as per track report OP has been served on 27.10.2018. But none for OP appeared on 17.09.2018, 19.12.2018, 04.01.2019, 01.02.2019 & 14.02.2019 and as such OP was proceeded ex-parte vide order dated 14.02.2019.
4. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also filed copy of mail Package Inclusion of OP, copy of statement of account of the bank of the complainant showing that an amount of Rs.2,500.99 through PayTM and Rs.2,502/- was debited in the account of the complainant on 25.09.2017 and transferred to the account of OP, copies of mail communications dated 25.09.2017 & 26.09.2017 from OP regarding confirmation of receipts of the said amounts and copy of legal notice dated 13.03.2018 sent by the complainant through his Counsel to OP by Courier.
5. This forum has considered the case of the parties in the light of evidence and documents placed on record by the complainant.
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6. Though even after receiving notice of the case from this Forum, OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no defence in its favour. After receiving request letter from the complainant about refund of the membership fee the OP ought to have refunded the said amount which OP has failed. Thus, there is a deficiency in service and unfair trade practice on the part of OP and OP is held guilty accordingly.
7. Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.5,003/- being the amount paid by the complainant.
ii) To pay to the complainant an amount of Rs.6,000/- as compensation towards mental agony and harassment caused.
iii) To pay to the complainant an amount of Rs.2,000/- towards litigation cost.
8. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainants may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
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9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 9th day of September, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY:SATYENDRA JEET
