Haryana

Bhiwani

CC/152/2020

Dhan Singh - Complainant(s)

Versus

Sanjeev Jaiswal - Opp.Party(s)

Pawan Panwar

26 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.     152 of 2020

                                    DATE OF INSTITUTION:                22.10.2020

                                                DATE OF ORDER:                           26.10.2023

 

Dhan Singh son of Sh. Nafe Singh R/o village Bamla, Tehsil and District Bhiwani.

 

            ……Complainant.

 

Versus

 

Sanjeev Jaiswal Proprietor, Auto Solution, Shiv Shankar Gairaj, Kanpur Road,

Opposite RTO Office, Lucknow (U.P).

 

….. Opposite Party

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:      Hon’ble Mrs. Saroj Bala Bohra, Presiding Member.

Hon’ble Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Pawan Kumar Tony, Advocate for complainant.

        OP exparte.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member.

 

1.                     As per complainant, brief facts of the present complaint are that OP introduced himself as agent of Honda Company and deals in the business of selling Activa Scooters.  Complainant for purchased of the scooter, transferred an amount of Rs.1,00,000/- through NEFT vide cheque No.000597358 dated 26.09.2018 in the account of  OP with Union Bank of India, Lucknow Branch from his bank account no.01572730521 with State Bank of India, Kurukshetra Branch. Complainant has alleged that OP did not deliver the scooter, so, complainant demanded back his money but the OP neither deliver the vehicle nor paid the money despite approaching personally the Op as well as telephonically. However, a legal notice dated 24.06.2020 was served upon  the OP but of no avail.  Hence, the present complaint has been preferred seeking directions to OP to refund the amount of Rs.1.00 lac alongwith interest @ 18% per annum from the date of receiving amount till its realization. Further to pay Rs.50,000/- on account of harassment besides Rs.25,000/- as litigation expenses.

2.                     Notice sent to OP but it did not turn up. As such, it was proceeded against as exparte vide order dated 12.07.2022.

3.                     In exparte evidence of complainant, his affidavit Ex. C1/A alongwith documents C-1 to C-4 and closed the evidence on 20.01.2023.

4.                     We have heard learned counsel for complainant and perused the record carefully.

5.                     Complainant in order to substantiate his version that he sent Rs.1.00 lac to the OP, has placed on record photocopy of bank account statement (C-1) which reveals that a sum of Rs.1,00,005/- was transferred from his account  to the account of OP on 26.09.2018.  Further, to strengthen his case, complainant has also filed his duly sworn affidavit Ex. C1/A which corroborates the version of complainant. In view of the documents referred above as well as the fact that the evidence so produced by complainant remained unrebutted and unchallenged since the OP remained exparte despite issuing it notice(s).  Accordingly, from the facts discussed above, we are of the view that the OP is negligent, deficient in providing proper services to the complainant as well as has done the act of unfair trade practice for which complainant has to fall into the unwarranted litigation.  In such a situation, complainant must have suffered monetary loss as well as mental and physical harassment.  Accordingly, the complaint is allowed and OP is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)        To refund Rs.1,00,000/- (Rs. one lac) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization.

 

(ii)       To pay a sum of Rs.20,000/- (Twenty thousand) to the complainant as compensation for harassment.

(iii)      Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                                                                       

                        In case of default, the OP shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. The complaint is allowed accordingly.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.     

Announced.

Dated:26.10.2023.

 

                                    (Shashi Kiran Panwar)                    (Saroj Bala Bohra)

                                                       Member                           Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani. 

 

 

 

 

Present:-      Sh. Pawan Kumar Tony, Advocate for complainant.

        OP exparte.

 

                    Arguments heard.  Vide our separate order of even date, the complaint has been allowed. File after due compliance be consigned to the records.

 

Dated:26.10.2023.

 

                                    (Shashi Kiran Panwar)                    (Saroj Bala Bohra)

                                                       Member                           Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani.