Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 77.
Instituted on : 03.02.2023.
Decided on : 20.09.2023.
Shailender Kumar Chaudhary aged 48 years s/o Sh. Arjun Dev R/o Kothi No.14, Roop Vihar Colony, Opp. D-Park, Rohtak.
………..Complainant.
Vs.
Uttam Kumar Arya residing at H.No.3, Ranjeet Puram, Hari Vihar-II(inside the area of Vijya Park/Enclave) Opp. Blood Bank, Dehradun-Uttarakhand.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER.
Present: Sh. Shailender Chaudhary, Advocate complainant in person.
Opposite party exparte.
ORDER
VIJENDER SINGH, MEMBER:
1. Brief facts of the case as per complainant are that his son Lakshit Chaudhary is studying in University of Petroleum and Energy Studies (UPES) Dehradun, doing the course BBA LLB (Hons.) since the year- 2019. Complainant being his father intended to avail the facility of PG Boys Hostel for his said son. So they approached to the opposite party along with his three other batch-mates as they were also interested to take PG room. The opposite party showed Awantika PG Boys Hostel to them. The opposite party assured them that all basic needs like Mess, Laundry, atmosphere, clean rooms with bed/almirah attached Bath-rooms etc. were available in that PG and there will be no complaint in any corner regarding services providing by him and demanded Rs.60,000/- for one semester. It was settled that this amount can be paid in installments and after the present semester if the son of the complainant would like to continue further for next semester, then the complainant being father will pay 25% of the said amount in advance at the end of this semester for further semester. The complainant paid said amount Rs.60,000/- in three installments (Rs.10,000/- on dt. 19/05/2022, Rs.30,000/- on dt.21/08/2022 and Rs. 20,000/- on dt. 28/09/2022) through online mode and the son of the complainant started to live in the room no. 202 of Awantika PG Boys Hostel. The son of the complainant was very much interested to continue further for next semester so he conveyed the respondent/OP in the month of December 2022. The respondent/OP demanded Rs.15,000/- in advance and the complainant paid Rs.15,000/- on dated 17/12/2022 as advance money for the next Semester through online mode from the Bank Account of his wife & son. But in the month of January 2023, the opposite party suddenly and without any prior notice told the complainant and his son that he would not continue to run the said hostel due to some financial problems and this Hostel will remain in the hands of some other person Mr. Vivek Khatri. As the next semester was started, the complainant and his son were shocked to hear about this. The act of the opposite party created the physical and mental torture to the complainant. The complainant requested the opposite party to refund Rs.15,000/- already deposited in advance to him on dt.17/12/2022. The opposite party promised the complainant that he will refund the said amount before 31st January 2023 and the same will be credited in the Bank account of complainant, but till date neither the amount has been refunded nor has been credited in the Bank Account through Online mode by the respondent/OP to the complainant as promised by him. The complainant has full apprehension in his mind that the opposite party is not in a mood to refund/return the same amount to the complainant. The amount of complainant has been illegally withheld by the opposite party for which the opposite party has rendered himself to initiate legal action by virtue of the present complaint. Hence this complaint and it is prayed that opposite party may kindly be directed to refund the amount of Rs.15000/- which was taken as advance money for the next semester alongwith interest, compensation and litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Notice sent to opposite party through registered post received back unserved but however, the notice was served through whatsapp but none appeared on behalf of opposite party. As such opposite party was proceeded against exparte vide order dated 17.03.2023 of this Commission.
3. Complainant in his exparte evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 and closed his evidence on dated 12.07.2023.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. We have minutely perused the documents placed on record by the complainant. As per the payment receipt Ex.C1 an amount of Rs.75000/- has been deposited by the complainant to the opposite party, out of which an amount of Rs.15000/- is an advance money for the 2nd Semester deposited on dated 17.12.2022. As per the complainant during the 2nd Semester, the administration of the hostel namely Awantika PG Boys hostel has been changed from the respondent to Mr. Vivek Khatri and the complainant refused to continue the same. Complainant demanded the amount of Rs.15000/- from the respondent and he promised that he will pay the amount before 31.01.2023 but this amount has not been paid by the opposite party despite his repeated requests. As such there is deficiency in service on the part of opposite party and opposite party is liable to refund the alleged amount to the complainant.
6. In view of the facts and circumstances of the case, we herby allow the complaint and direct the opposite party to refund the amount of Rs.15000/-(Rupees fifteen thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 03.02.2023 till its realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
20.09.2023.
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Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
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Vijender Singh, Member
