Delhi

North

CC/2/2019

PAWAN KUMAR SHARMA - Complainant(s)

Versus

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

N.L. DOGRA

30 Apr 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No.:2/2019

In the matter of

Sh. Pawan Kumar Sharma

S/o Late Sh. R.K. Sharma,

174/2 Street No.1,

Padam Nagar, Kishan Ganj,

Delhi-110007.                                     …                                    Complainant

                   Vs

M/s Cross Road India Assistance Pvt. Ltd.

Office: X-1, Okhla Industrial Area,

Phase-II, New Delhi-110020                …                                     Opposite Party

ORDER

30/04/2024

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the OP through its employee approached the complainant at his residence and explained that the OP is service provider for Car service i.e. wishing, rubbing, oiling maintenance, filter changing, cleaning, wheel balancing and removal of defect therein in lieu of the onetime charges of Rs.2500/-. The complainant had paid Rs.2,500/- to the agent of the Opposite Party at his residence but the OP after receiving the above said payment, never provided any service as contracted with the complainant.

 

2.       The complainant has requested many times to the OP for providing the said services as contracted against payment of Rs.2500/- but no service was provided and therefore, the  complainant has many times requested to the Opposite Party to refund the money back or provide the service as contracted. It has further been alleged that the Opposite party has deliberately and intentionally grab the money from the complainant which amounts to deficiency of service on the part of Opposite Party. The complainant had sent letters on 30.03.17, 03/04/17, 16/4/17 and 17/4/17 for providing service.  The complaint had also visited to the OP by auto rickshaw and has incurred Rs.600/- for visiting and returning (to and fro) and has suffered financial loss as well as physical loss due to the conduct of the respondent because complaint is a patient of High blood pressure & diabetes.

 

3.       It has also been alleged that the complaint has suffered mental agony, tension & pain due to the misconduct of the OP and has, therefore, prayed that OP be directed to refund the amount as recovered from the complaint i.e. Rs.2,500/- and pay compensation  of Rs.20,000/- and Rs.30,000/- = total Rs.50,000/- for the  mental pain, agony and harassment.

 

4.       The Complainant has also filed copies of receipt of payment, Emails to the OP requesting to provide service, emails exchanged between the parties and legal notice dated 15.11.2017 to substantiate the allegations.

5.       Accordingly, notice was issued to the OP to defend the complaint before this commission but the OP neither appeared nor did send any communication despite service of the notice. Since the OP chose not to appear despite service, has, therefore, been proceeded Ex-parte.

6.       The complaint has been examined on merits on the basis of the documents/evidences and material available on records which are sufficient to prove that the Opposite Party failed to provide service to the complainant as promised at the time of accepting the amount. Besides, opposite party also chose not to appear before the Commission despite service, the allegations made in the Complaint deemed to have been admitted by it.

 6.               In view of these observations, we are of the considered view that the complainant has suffered directly due to deficient service of the OP (M/s Cross Road India Assistance Pvt. Ltd.) in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. Therefore, we feel appropriate to direct the OP (M/s Cross Road India Assistance Pvt. Ltd.) to refund Rs.2500/- (Rupees Two Thousand five Hundred only) within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 24-03-2017 till the date of the payment.  Besides, the OP is also directed to pay Rs.25000/-(Rupees Twenty Five Thousand only) as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the above said amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum on the entire awarded amount from the date of expiry of 30 days period.

8.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

                      ASHWANI KUMAR MEHTA                               HARPREET KAUR CHARYA          

                Member                                                                 Member       

              DCDRC-1 (North)                                                  DCDRC-1 (North)       

                                     

                    

DIVYA JYOTI JAIPURIAR

President

DCDRC-1 (North)