STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UNION TERRITORY, CHANDIGARH
First Appeal No. | 587 of 2007 |
Date of Institution | 01.08.2007 |
Date of Decision | 09.06.2014 |
Smt. Sangita Sharma D/o Late Sh. Gyan Chand, resident of House No.158/1, Sector 45-A, Chandigarh.
…..Appellant/Complainant
Versus
1.Sahara India Pariwar Housing Unit, Sahara India tower, 7, Kapoorthala Complex, Lucknow through its Managing Director.
2.Regional Office, Sahara India Pariwar, SCO 1110-1111, Branch Sector 22, Chandigarh through its Regional Manager.
3.The Branch Manager, Sahara India Pariwar, SCO 1110-1111, Branch Sector 22, Chandigarh.
……Respondents/Opposite Parties.
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by:Sh. Arvind Rajotia, Advocate for the appellant.
Sh. Navjinder Singh Sidhu, Advocate for respondents.
PER DEV RAJ, MEMBER
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21. In our considered opinion, the District Forum rightly ordered the refund of Rs.1,00,004/- alongwith interest @9% per annum. The cost of litigation of Rs.3,000/-, awarded by the District Forum is also just, fair and legal. However, it (District Forum) erred in not awarding compensation to the appellant/complainant, on account of physical harassment and mental agony suffered by her. The appellant/complainant has sought compensation to the tune of Rs.70,000/-, which, in our considered opinion, if awarded to her, would commensurate with the physical harassment and mental agony suffered by her. To this extent, the impugned order needs to be modified.
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(i) The respondents/Opposite Parties are directed to refund an amount of Rs.1,00,004/- (Rupees One Lac and Four Only) to the appellant/complainant alongwith interest @9% per annum from the date of deposit, within a period of 30 days from the date of receipt of a certified copy of the order;
(ii) The respondents/Opposite Parties are directed to pay an amount of Rs.70,000/- to the appellant/complainant, claimed by her, as compensation for unfair trade practice and causing physical harassment and mental agony to her, within a period of 30 days from the date of receipt of a certified copy of the order;
(iii) The respondents/Opposite Parties, are directed to pay an amount of Rs.3,000/- to the appellant/complainant, as cost of litigation, as awarded by the District Forum, within a period of 30 days from the date of receipt of certified copy of the order;
(iv) This order shall be complied with, by the respondents/Opposite Parties, within the stipulated period, failing which, they shall be liable to pay the amounts, mentioned in Clauses (i) and (ii), above, alongwith interest @12% per annum from the date of default, till the date of actual payment to
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[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
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[DEV RAJ]
MEMBER
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[PADMA PANDEY]
MEMBER
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