DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No.155/29.9.2008 Decided on : 04.03.2009. Smt. Sunita Rani wife of Ramesh Singla, Ahlmad, District & Session Court, Mansa, resident of Near Rame Wala Hospital, Maur Mandi, District Bathinda. ..... Complainant. VERSUS The Managing Director, Sahara India Bhawan 1, Kapurthala Complex, Lucknow-226024(UP). ..... Opposite Party. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh. S.K. Singla, Advocate counsel for the complainant. Opposite party exparte. Quorum: Sh. Pritam Singh Dhanoa, President. Sh. Sarat Chander, Member. Smt. Neena Rani Gupta, Member. ORDER:- Sh.Pritam Singh Dhanoa, President. 1. Smt. Sunita Rani wife of Ramesh Singla, resident of Maur Mandi, District Bathinda has filed this complaint against the opposite party, under Section 12 of the Consumer Protection Act, 1986(in short called the 'Act') for refund of amount of Rs. 10,000/- and for payment of compensation in the sum of Rs. 2,000/- and costs of filing of complaint Rs. 1000/-. 2 Briefly stated, the case of the complainant is that her husband is Ahlmad under the District & Sessions Judge, Mansa. The complainant deposited a sum of Rs. 10,000/- in account No. 010112677631 on 23.8.2004 against receipt and the opposite party, promised, to refund the said amount alongwith interest, after the stipulated period. On being, approached by the Contd.....2.... : 2 : complainant on telephone, the opposite party did not give any response or released the payment. The complainant has spent Rs. 2,000/- on telephone calls, made to the officials of the opposite party, before he served a legal notice, dated 2.6.2008 upon the opposite party, but the same is not responded, by the him. There is deficiency in service, on the part of the opposite party, because of which, the complainant, has been subjected to physical and mental harassment and is entitled to refund of Rs. 10,000/-, and payment of compensation in the sum of Rs. 2,000/- & costs in the sum of Rs. 1000/-. 3 Notice of the complaint was given to the opposite party, but he was proceeded against exparte. 4 In exparte evidence, the complainant tendered her affidavit exhibit C-1, reiterating all the allegations, made in the complaint on solemn affirmation almost in the verbatim. She has also produced copy of the legal notice, exhibit C-3 served upon, the opposite party and postal receipt exhibit C-4, showing delivery of postal cover containing notice in the post office at Mansa. She has further produced on record application form exhibit C-5 filed by her for making the payment of amount prematurely deposited by her, as per rules, on the subject. As per copy of reply dated 3.9.2008, exhibit C-2,addressed to her at Mansa, the opposite party has intimated, that instructions have been issued, for release of payment to the complainant, on 18.12.2008, but as per affidavit, amount has not been received by her till date of presentation of complaint on 29.9.2008. 5 We have heard the learned counsel for the complainant and gone through the oral and documentary evidence, adduced on record, by the complainant, carefully, with the kind assistance of learned counsel for the complainant. 6. The above said oral and documentary evidence led by the complainant, has gone unrebutted, as opposite party, has not come forward to contest the complaint inspite of service. Therefore, we have no option but Contd.....3..... : 3 : to hold, that there is deficiency in service, on the part of the opposite party, because the complainant, has been subjected to mental and physical harassment. As such, the complaint is liable to be accepted. 7 For the reasons recorded above, we accept the complaint, and order the opposite party, to refund a sum of amount of Rs. 10,000/- deposited by her, alongwith simple interest, at the rate of 9% per annum, if any, payable as per rules, on the subject, from the date of filing of the complaint i.e. 29.9.2008, till the date of payment and to pay a sum of Rs. 1,000/- as compensation. The opposite party is further burdened with Rs. 1000/- as costs of complaint, to compensate the complainant, for the costs incurred by her, for filing of the complaint, within a period of two months, from the date of receipt, of the copy of this order. 8. The copies of the order be supplied, to the parties, free of costs, as permissible, under the rules. File be indexed and consigned to record. Pronounced: 04.03.2009 Neena Rani Gupta, Sarat Chander, P.S.Dhanoa, Member. Member. President.
