Punjab

Sangrur

CC/684/2016

Rakesh Kumar Singla - Complainant(s)

Versus

M/s Harsh Traders - Opp.Party(s)

Shri V.K.Sinlgla

20 Feb 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 684                                                                                       

                                                                   Instituted on:  06.12.2016

                                                                   Decided on:    20.02.2017

 

Rakesh Kumar Singla son of Shri Sham Lal President of Shiv Bhole Langer Committee ( Regd.) Regd. Office:  Byepass Road, Lehragaga-148031, District Sangrur Punjab.  

                                                …. Complainant.      

                                         

Versus

 

M/s  Harsh Traders, Plot No .309, Alang Ship Yard Road, Near Police Station, Alang, Taluka, Talaja, District Bhavnagar, Gurjat, through its Proprietor/ partner Samir V.Vaja.

      ….Opposite party.

 

 

FOR THE COMPLAINANT:    Shri V.K.Singla,  Advocate                          

 

FOR THE OPP. PARTY      :     Exparte                   

 

 

Quorum

         

                    Sukhpal Singh Gill, President

Sarita Garg, Member

Vinod Kumar Gulati, Member

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Rakesh Kumar Singla complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground he is the President of Shiv Bhole Langer Committee ( Regd.).   The complainant was in need of Kitchen equipments of stainless steel for rendering services during  Shri Amarnath Ji Yatra.  The complainant contacted the OP personally  and chose some of  kitchen appliances  and rate of kitchen appliances was settled  at the rate of Rs.220/- per Kg. total amounting to Rs.1,00,000/- approximately.  The complainant made  advance payment/ booking amount of Rs.20,000/- to the OP which was received by the OP through his agent  by visiting  the premises of the complainant at Lehragaga.  The complainant  made repeated requests  and demands to the OPs through telephone  for delivery of the booked kitchen appliances but the OP did not do so.  Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:- 

i)      OP be directed to refund  the  amount of Rs.20,000/- to the complainant,

ii)     OPs be directed to pay to the complainant a sum of Rs.50000/- as compensation   on account of mental agony, harassment,

iii)     OPs be directed to pay Rs.11,000/- on account of litigation expenses.

2.             Notices was issued to the OP but despite service the OP did not appear and as such the OP was proceeded exparte.

3.             In his exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-21 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant contacted the OP personally  and chose some of  kitchen appliances.  The rate of kitchen appliances was settled at the rate of Rs.220/- per Kg. total amounting to Rs.1,00,000/- approximately.  The complainant made  advance payment/ booking amount of Rs.20,000/- to the OP which was received by the OP through his agent  by visiting  the premises of the complainant at Lehragaga but the despite repeated requests on telephone  for delivery of the booked kitchen appliances, the OP did not do so. The complainant made so many emails to the OP in this regard but all in vain .  This version of the complainant has been substantiated by  copies of emails Ex.C-8 to Ex.C-12, legal notice and reminder Ex.C-5 and Ex.C-6.  The OP has not comefoward to  contest the case of the complainant rather it chosen to remain exparte. As such, the evidence produced by the complainant has gone unrebutted on record. 

4.             In view of the facts stated above, we allow the present complaint of the complainant and direct the OP to refund an amount of Rs.20000/- to the complainant within one month failing which the OPs will be liable to pay interest @9% per annum on the above said amount from the date of filing of the present complaint till realization. We further order the OP to pay to the complainant an amount of Rs.5000/- being  consolidated amount of compensation on account of mental pain, agony and litigation expenses.

5.             This order of ours shall be complied within 30 days as per abovementioned order. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                 

                Announced

                February 20, 2017

 

 

 

( Vinod Kumar Gulati)  ( Sarita Garg)               (Sukhpal Singh Gill)                                                                                       Member                   Member                         President

 

 

 

 

 

BBS/-