BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.155 of 2020

      Date of Instt. 16.03.2020

      Date of Decision: 18.03.2024

Sanjay Bisht S/o Shri Godhan Singh Bisht, R/o 404/11, Vayu Vihar, Adampur, Jalandhar, Punjab

..........Complainant

Versus

1.       Smile Craze Dental Care Hospital & Trauma Centre, 19-A, Link       Road, Near Guru Amar Dass Chowk, Abadpura, Model Town,       Jalandhar, Punjab Through its Proprietor/Rajan Grover.

2.       Dr. Rajan Grover, Smile Craze Dental Care Hospital & Trauma         Centre, 19-A, Link Road, Near Guru Amar Dass Chowk,          Abadpura, Model Town,          Jalandhar, Punjab

….…..Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Sh. Atul Malhotra, Adv. Counsel for Complainant.

                    OPs exparte.

Order

Jaswant Singh Dhillon (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the OP No.1 is a hospital purporting to provide Dental Care and other services to the general public for consideration at Jalandhar. OP No.1 purports to be a hospital firm being managed and run by its owner i.e. OP No.2 who purports to be Proprietor of OP No.1. OP No.2 is fully responsible and fully liable for the acts, conduct and day to day activities, decisions, liabilities etc. of OP No.1. OP No.2 purports to be a Dental Surgeon and Specialist Doctor in OP No.1 hospital. Complainant does not have knowledge of other persons or owners of OP No.1 who are responsible for the acts and conduct of OP No.1 and same can be disclosed by OPs No.1 & 2. The complainant is a consumer of services provided by OPs for consideration. Complainant had availed of services provided by Opposite parties for consideration for getting "VEENIRING" (as told by OPs) of teeth of Complainant which is a process of dental treatment. The OPs prevailed upon Complainant and assured and promised Complainant that OPs are an expert in providing "VEENIRING" and are best in town. Further OPs demanded an amount of Rs.1,00,000/- from Complainant for importing some stuff/object from abroad for the said process of the teeth of Complainant. But OPs did not disclose what sort of stuff/object was to be imported and from where. Complainant was kept in dark about the process and the object or stuff which was to be imported. Relying on the instructions of OPs, complainant paid the total amount of Rs.1,00,000/- to OPs in advance in installments of Rs.10,000/- and Rs.90,000/- on 12-7-2019 and 13-7-2019 respectively through banks. Further no receipt or prescription was issued to Complainant. That after receiving the total amount of Rs.1,00,000/-, OPs informed Complainant that OPs shall revert and inform Complainant when they will receive the objects and stuff from abroad which is required for dental procedure of Complainant. Thereafter Complainant approached OPs at least 15-20 times personally for about two months but OPs kept on dilly-dallying the treatment of Complainant on the pretext that OPs had not received the stuff and objects. It is worth mentioning here that Complainant is serving at Air Force Station at Adampur, Jalandhar and had been approaching OPs from Adampur but every time OPs would make excuses causing a lot of harassment and financial losses and loss of time of Complainant. When sufficient time elapsed and OPs failed to start or give any treatment to complainant, then complainant was fed up and asked OPs to refund the amount of Rs.1,00,000/- to Complainant. On the demand of Complainant, OPs issued a cheque bearing no.629379 for Rs.1,00,000/- as a refund of the advance payment made by Complainant. When Complainant presented the said cheque in the bank of Complainant, the said cheque was bounced and returned without realization due to reason as Insufficient Funds on 16-9-2019. That Complainant again approached OPs, but OPs started making excuses and started avoiding Complainant and stopped picking calls of Complainant. Thereafter on continuous and persistent demands and visits by Complainant, OPs refunded only Rs.30,000/- in the account of Complainant on 26-9-2019 and further issued another cheque for Rs.70,000/-. But when Complainant presented the cheque no.00021 dated 3-10-2019 for Rs.70,000/-, the same was bounced and dishonoured for reason as insufficient funds vide memo dated 04.10.2019. But as per the bankers of Complainant i.e. SBI, the said amount of Rs.70,000/ was inadvertently credited and then debited in the account of Complainant by the bankers of Complainant. Till present date OPs have failed to make refund of balance amount of Rs.70,000/- to Complainant. Complainant had also got served a legal notice dated 03.12.2019 through Shri Abhnab Chakraborty, Advocate, Kolkata to OPs, but OPs failed to refund the balance amount. Due to the above said facts there is deficiency in services, negligence, unfair trade practices and restrictive trade practices on the part of OPs and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the amount of Rs.70,000/- alongwith interest @ 18% per annum from the date of payment i.e. 13.07.2019 till payment of entire sum and further OPs be directed to pay a compensation of Rs.3,00,000/- for causing mental tension and harassment to the complainant and Rs.11,000/- as litigation expenses.

2.                Notice of the complaint was sent to the OPs through ordinary process as well as through publication, but none has appeared on behalf of the OPs and ultimately, OPs were proceeded against exparte.

3.                In order to prove his respective version, the counsel for the complainant has produced on file his respective evidence.

4.                We have heard the learned counsel for the complainant and have also gone through the case file very minutely.

5.                The case is that the complainant approached Smile Craze Dental Care Hospital i.e. OP No.1 for the treatment of his teeth. The OPs advised for getting ‘Veeniring’ treatment of teeth of the complainant and demanded Rs.1,00,000/- for this treatment as they have to import some stuff/object from abroad for the said process of the teeth of the complainant. Relying upon the instructions and assurance of the OP, the complainant paid the total amount of Rs.1,00,000/- to the OP in installments of Rs.10,000/- and Rs.90,000/- on 12.07.2019 and 13.07.2019 respectively through bank. The statement of account has been proved as Ex.C-1. Even after receiving the amount no receipt or prescription was issued to the complainant. The complainant has proved that despite approaching the OPs number of times personally, the OP kept on dilly-dallying the treatment on the pretext that OP had not received the stuff and objects. When OPs failed to start any treatment, then the complainant asked to refund the amount of Rs.1,00,000/- and a cheque bearing No.629379 for Rs.1,00,000/- was issued by OP as a refund of advance payment made by the complainant. Copy of the same is Ex.C2, but cheque was dishonoured being insufficient funds on 16.09.2019 and bank memo is attached as Ex.C-3. Thereafter, on continuous and persistent demands and visit made by the complainant. OPs refunded only Rs.30,000/- in the account of complainant on 26.09.2019 Ex.C-1 and again gave a cheque No.00021 for Rs.70,000/- on 03.10.2019, but the cheque was again dishonoured on 04.10.2019 being insufficient funds vide bank memo dated 04.10.2019 as Ex.C-5, but as per the bankers of complainant i.e. State Bank of India, the said amount of Rs.70,000/- was inadvertently credited on 04.10.2019 to the account of the complainant and then was debited from the account of complainant on 20.12.2019 by the bankers of complainant, which is evident from Ex.C-1. Till today, the OPs have failed to make refund of Rs.70,000/-. The complainant had also got served a legal notice dated 03.12.2019, but OPs failed to refund the balance amount.

6.                Due to the above said facts, the deficiency in service and unfair trade practice on the part of the OPs has been proved, thus, the complainant is entitled for the relief and accordingly, the complaint of the complainant is partly allowed and OPs are directed to refund the balance amount of Rs.70,000/- with interest @ 6% per annum from the date of payment i.e. 13.07.2019 till realization. Further, OPs be directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

7.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                             Jaswant Singh Dhillon           Dr. Harveen Bhardwaj     

18.03.2024                    Member                                 President