Punjab

Sangrur

CC/102/2019

N.D.Singla - Complainant(s)

Versus

Vinay Sood - Opp.Party(s)

Sh.Ashish Kumar

04 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR .

                                                                    Complaint No. 102

                                                                    Instituted on:   12.03.2019

                                                                   Decided on:     04.10.2019

 

N.D.Singla  son of Bachna Ram C/o Singla Motor Store, Mehlan Road, Sangrur, Tehsil and District Sangrur.

                                                          …. Complainant.   

                                                 Versus

Vinay Sood Proprietor of M/s.Shagun Printers & Packers, Focal Point, Block C/222, Focal Point, Patiala.

                        ….Opposite party. 

Counsel for the complainant   : Sh. Ashish Garg, Adv.              

Counsel for the OP                 : Exparte.

 

Quorum                                          

Shri Amrinder Singh Sidhu, President

Ms. Vandana Sidhu, Member

Shri Vinod Kumar Gulati, Member

 

ORDER BY:     

Shri Amrinder Singh Sidhu, President.

1.             The complainant filed this complaint pleading that the complainant on 2.1.2019 approached the OP for printing and preparation of 350 marriage boxes and after detailed discussion about rate and quality of the boxes, the rate of box was settled at Rs.120/- per box with OP and Rs.55/- per box of 100 Bhaji boxes and the boxes were to be delivered at Sangrur.  Further case of the complainant is that after finalization of the rate, the complainant ordered the OP 350 boxes and 100 Bhaji boxes and deposited Rs.5000/- in advance with the Op as part payment of above said boxes and the OP issued a carbon copy of the order estimate number 48 to the complainant.  In the present case, the grievance of the complainant is that though the OP was bound to deliver the above said boxes at Sangrur on or before 16.1.2019 but the same were not delivered, which is said to be unfair trade practice on the part of the OP.  The complainant requested the OP so many times for refund of the amount of Rs.5000/- along with interest but the same was not paid despite serving of legal notice dated 16.2.2019. Lastly, the complainant has prayed that the Opposite party be directed to pay to the complainant Rs.5000/- along with interest @ 18% per annum from 2.1.2019 till realization and to pay Rs.50,000/- on account of compensation for mental tension, pain and agony and an amount of Rs.33,000/- on account of litigation expenses.

2.             Record shows that the OP did not appear despite service, as such was proceeded against exparte on 21.5.2019.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence.

4.             We have gone through the pleadings of the complaint as well as heard the arguments advanced by the learned counsel for the complainant.

5.             The learned counsel for the complainant has contended that the complainant on 2.1.2019 approached the OP for printing and preparation of 350 marriage boxes and after detailed discussion about rate and quality of the boxes, the rate of marriage box was settled at Rs.120/- per box and Rs.55/- per box of Bhaji box and the boxes were to be delivered at Sangrur.  Further case of the complainant is that after finalization of the rate, the complainant ordered the OP 350 marriage boxes and 100 Bhaji boxes and deposited Rs.5000/- in advance with the OP as part payment of above said boxes and the OP issued a carbon copy of the order estimate number 48 to the complainant as is evident from the copy of order estimate, Ex.C-1.  Further it is contended by the learned counsel for the complainant that though the OP was bound to deliver the above said boxes at Sangrur on or before 16.1.2019, but the same were not delivered, which is said to be unfair trade practice and deficiency in service on the part of the OP.  The complainant requested the OP so many times for refund of the amount of Rs.5000/- along with interest but the same was not paid despite serving of legal notice dated 16.2.2019, a copy of which on record is Ex.C-2. Ex.C-4 is the affidavit of the complainant which support the contention of the complainant. In the circumstances, we feel that it is fully proved case of deficiency and unfair trade practice on the part of the OP.

6.             In view of our above discussion, we allow the complaint of the complainant and direct OP to refund to the complainant an amount of Rs.5000/- so paid by the complainant to the OP along with interest @ 9% per annum from 2.1.2019 till realization. The OP is further directed to pay to the complainant a lumpsum amount of Rs.4000/- (Rupees Four Thousand only)  as compensation for mental tension, agony, harassment and litigation expenses. This order be complied with by the opposite party within a period of 30 days from the date of receipt of certified copy of this order. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

7.             This complaint could not be decided and order could not be pronounced within stipulated time period because post of President is vacant since 7.8.2018 and Lady Member since 16.09.2018. The President is doing additional duty only for two days a week.

                        Pronounced.

 

                        October 4, 2019.

 

        (Vinod Kumar Gulati) (Vandana Sidhu) (Amrinder Singh Sidhu)

                   Member                 Member                 President