Punjab

Fatehgarh Sahib

RBT/CC/607/2018

Mrs. Bhawna Sharma - Complainant(s)

Versus

Paras Sharma - Opp.Party(s)

In person

07 Jan 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATHGARH  SAHIB.

 

                                                             RBT/ No

                                                             Complaint Case No:607 of 2018

     Date of Institution: 11.6.2018

      Date of Decision: 07.01.2022

 

Mrs. Bhawna Sharma W/o Kapil Sharma, resident of House no.430, Gobind Nagar , Naya Gaon, District S.A.S. Nagar(Mohali)

...........Complainant

 

Vs.

Paras Sharma/Paras Bahi, Paras Parivar Pvt. LTd., B-34/39A, Keshav Puram, North Metro Station, New Deli-110035, Customer Care no.011-43558166

 

                                                                 .............Opposite Party

 

Complaint Under Section 12 of Consumer Protection Act 1986(Old)

 

Quorum

Sh.Pushvinder  Singh, President

Ms.Shivani  Bhargava, Member

          Sh.Manjit Singh Bhinder, Member

   

Present: Mrs. Bhawana Sharma, Complainant in Person (through VC)

          Opposite Party  Ex-Parte.  

 

ORDER

By Pushvinder  Singh, President

 

 

                      The present complaint has been filed under Consumer Protection Act, by the complainant against the Opposite Party (hereinafter referred as “OP” for short) Under Section 12 of the Consumer Protection Act 1986(Old).

 2.                   In this complaint, Bhawna Sharma, Complainant stated that the OP was engaged in preparation of Kundli (Horoscope) and complainant  sent the details required by the OP for preparing the new Janam Kundli of complainant and husband of complainant, She sent date of birth, place of birth  and time  and paid requisite fee for herself and her husband Kapil Sharma @ RS4500/- each plus Rs.200/- courier charges i.e total amount of Rs.4500+4500+200= Rs/9200/-. Upon receiving the details of the complainant, the OP sent the Kundli to her through courier, which was received by the complainant on 19.5.2016. On seeing the Kundli the complainant was shocked to see that the OP had sent her the wrong Kundli  . The  time of birth of the complainant was mentioned as 11:20 instead of 5:00 P.M.  Thereafter the complainant  contacted the OP  on telephone many times regarding the wrong Kundli. OP admitted the mistake and promised to send the correct Kundli within a short period.  Despite the assurance given by the officer bearers of the OP, the correct Kundli was not ever sent to the complainant. The complainant had sent the E-mail on various dates, but all in vain. Hence, the complainant filed this complaint for giving directions to the OP to  refund the amount of Rs.9200/- along with interest and Rs.1,00,000/- for mental and physical harassment and compensation   amount of Rs.50,000/- as cost.

  3.                   Notice  of this complaint was sent to OP but OP choose not to appear to contest this complaint. Hence, OP. was proceeded against Ex-Parte.

4.                          The Complainant in support of her complaint tendered in evidence her affidavit Ex.CW1/1 along with  documents Ex.C1 to Ex.C8.

5.                  We have heard learned counsel for the complainant and have also gone through the record.

6.                          The complainant has come to this Commission with the request that after going through advertisement  on  Television  for preparing the Janam Kundli (Horoscope), she felt impressed that  the opposite party will prepare the Kundli  accurately.  She had gone through  website of OP where they assured  that they  will help the people in reducing their pains. She sent the details  required by the OP  for preparing new Janam Kundli by mentioning her date of Birth as 17.01.1982 and time of birth as 5:00 PM and place  of birth as Panipat and she  also sent the details of her husband  Kapil Sharma for preparing his Janam Kundli and she also sent an amount of Rs.9200/-  in this regard.  The OP  sent the Janam Kundli  to her through  courier , which was received on 19.5.2016 but on seeing  the Kundli , the complainant found that , the OP had  prepared her wrong Kundli as time of her birth mentioned in Kundli was 11:20 instead of 5:00 P.M. Thereafter the complainant telephonically contacted the OP and they assured to send fresh Kundli by mentioning her correct time of birth  and official of OP also admitted  the mistake  for mentioning  the wrong time of birth . But the complainant never received any fresh Kundali and even she sent E-mails on various dates and ultimately complainant issued legal notice through counsel on  22.12.2016 and thereafter  also gave a representation  to OP on 14.9.2017 through  registered Post. The complainant has deposited all the   facts mentioned in the complaint by way  of affidavit  as Ex.CW1/1. She has also produced  photo copy of website  portal as Ex.C1, photo copy of receipt of amount Ex.C2, photo copy of Janam Kundali as Ex.C3, photo copy of  E-mail as Ex.C4, photo copy of legal notice as Ex.C5, photo copy of representation as Ex.C6 and copy of postal receipts Ex.C7. The deposition made by the complainant by way of affidavit  and other evidence produced on file  is unrebutted and we did not find any ground to discard the same. Copy of Janam Kundli (Horoscope)  of complainant , which is Ex.C3 shows that it was prepared by the OP and the time of birth of complainant is mentioned as 11:20. On the other hand as deposed by the complainant her time of birth is 5:00P.M.  In these circumstances the Janam Kundli (Horoscope)  was not prepared accurately as it changes with  the time and place etc. Copy of legal notice as Ex.C5 and representation Ex.C6 sent by the complainant show that she always informed the OP regarding  her correct time of birth and also requested  to refund  her fees along with  damages and costs etc. 

7.      Accordingly under all these circumstances,  we find that  the complainant is entitled  to get her fee refunded, which was paid to the OP i.e Rs.4500/-  and Rs.100/-   as other charges received by the OP for sending the Janam Kundli. The complainant also proved that the OP ignored the genuine request of  complaint and  even did not bother  to come present  to contest the present complaint. The complainant is also entitled to  the  interest on the amount  paid by her  and in our opinion the rate of interest @ 9% P.A.  is reasonable  rate of interest.  The complainant also suffered harassment, so she is also entitled to compensation  of Rs.10,000/- and she is also entitled to  an amount of Rs.5000/-  as litigation expenses. 

8.             In view of our afore mentioned  discussion , the complaint is allowed Ex-parte, to the extent that the OP is directed  to  refund the amount of Rs.4600/- /- to the complainant along with  interest @ 9% P.A. from the date of receipt of money till the date of payment to the complainant.  The OP is also directed to pay Rs.10,000/- to the complainant as compensation  for physical and mental harassment and also directed to pay Rs.5000/-  to the complainant as litigation expenses. Compliance of this order be made by OP within sixty days from the date of receipt of copy of the order, failing which the CC shall be entitled to recover the above said amount by filing Execution. Certified copy of the order be supplied to the complainant and the OPs as per rules.   File be sent back to the District Consumer Disputes Redressal Commission Mohali for consignment.

 Announced

January  07, 2022

 

                (Pushvinder Singh)

                                                                      President

                                                       

                                                           (Shivani Bhargava)

                                                                          Member

                                                                                      

 

                                                                 (Manjit Singh Bhinder)

                                                                  Member