Complaint Under the Consumer Protection Act, 2019.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH. JASWINDER SINGH, MEMBER
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Ms. Ishita Chadha in person.
For OP : Exparte.
ORDER
PER SANJEEV BATRA, PRESIDENT
1. Briefly stated, the facts of the case are that the opposite party runs a PG and on 21.11.2019, the complainant booked one single person occupancy room in PG of opposite party by entering into an oral agreement through phone call. At that time it was brought to the knowledge of the opposite party that the purpose of the stay was to appear for Mains written examination in Punjab Judicial Services to be held from 22.11.2019 to 24.11.2019. An independent single room was provided to the complainant at the agreed rent of Rs.2000/- (Rs.500/- per day). The complainant herself purchased lock and key for the room. The opposite party assured to provide peaceful study environment along with 3 time means to the complainant. Ramesh, Chef of the PG was instructed to serve breakfast around 07.30 AM and to prepare tiffin for lunch as the complainant had to give her exam from 09.00 AM to 05.00 PM. The complainant submitted that on 23.11.2019 at about 05.30 PM-06.00 PM when she returned to the PG, after giving her Day-2 exam of Punjab Civil Services (Judicial Branch) examination, she shocked that lock of her rook had been broken open and everything was in the state of complete disorder and chaos. She enquired about the same, then the opposite party informed that she is getting the PVC wall panels installed in the room of the complainant. When the complainant asked the opposite party that when she will get her room back as she had to revise the syllabus of two exams to be held on next day then the opposite party gave evasive replies by offering food and evening tea to the complainant and avoided to give any satisfactory answer. Then the complainant requested her friend Matisha Bansal to stay for one night who stays at Sector 40-D, Chandigarh and after her permission the complainant left the PG.
The complainant further submitted that the opposite party has failed to provide her accommodation free from disturbance rather she scattered the handwritten notes of the complainant and stuffed all them including hooks in one small almirah placed in the room due to which the complainant missed some of her handwritten notes in the almirah of the PG for which she had to again make a visit to the PG where she found that the electricity connection in the room were unfixed and there was no light in the room. She searched for the notes using mobile torch-light and left the PG. Due to all this act of the opposite party, she complainant fell short by mere 1.5 marks to appear for interview in Punjab Judicial Service Examination otherwise she might have cleared the mains exam and be eligible for the interview round. The complainant further submitted that earlier from 09.09.2019 to 09.11.2019, she stayed in same single person occupancy room in the PG of the opposite party to join the Test series for Punjab Judicial Services in Divine Institute, Sector 36-D, Chandigarh and during that stay, the opposite party gave no written receipt of payment of rent. The terms and conditions of the accommodation including rent, food etc. were decided orally. The rent was agreed to be Rs.9000/- per month i.e. total Rs.18,000/- for two months to be paid in advance. The complainant partly paid Rs.9000/- in cash on 08.09.2019 and next month advance rent was paid through bank NEFT on 18.09.2019 bearing transaction ID 61591233. The complainant sent a legal notice to the opposite party on 11.01.2021 but no reply was given by the opposite party. Hence this complaint whereby the complainant has sought direction to the opposite party to refund the sum of Rs.1710/- as rent and cab expenses and also to pay Rs.2,00,000/- on account of damages and compensation besides Rs.50,000/- as cost of litigation.
2. Upon notice, initially Sh. Dinesh Kumar, Advocate appeared on 13.10.2021 and filed memo of appearance on behalf of the opposite party but thereafter, none turned up on behalf of the opposite party and the opposite party was proceeded against exparte vide order dated 24.03.2022.
3. In support of her exparte claim, the complainant tendered her affidavit Ex. CA in which she reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Annexure-C1 is the copy of visiting card of the opposite party, Annexure-C2 is the copy of call history details, Annexure-C3 is the copy of recruitment notice of Punjab Public Service Commission, Annexure-C4, is the CD, Annexure-C5, Annexure-C5A and Annexure-C6 are the copies of cab receipts, Annexure-C8 is the copy of call recording verbatim, Annexure-C9 is the copy of revised final result of PCS (Judicial) examination 2019-20, Annexure-C10 are the copies of whatsapp conversation, Annexure-C11 is the copy of NEFT transaction slip, Annexure-C12 is the legal notice dated 11.01.2021, Annexure-C12A is the copy of postal receipt, Annexure-C13 is the copy of certificate under Section 65A and 65B of Indian Evidence Act and closed the evidence.
4. We have heard the arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed produced on record by the complainant. We have also gone through written arguments submitted by the complainant.
5. Undisputably, the complainant and the opposite party were previously known to each other as the complainant stayed in the same single person occupancy room in the P.G. of opposite party for two months w.e.f. 09.09.2019 to 09.11.2019 when she was preparing for Punjab Judicial Services in Divine Institute, Sector 36-D, Chandigarh. She had paid a sum of Rs.18,000/- as rent for the said period. Again on 21.11.2019, the complainant approached the opposite party and booked single person occupancy room for four days and rent was agreed to be paid @ Rs.500/- per day. At the time of taking the room on rent, the opposite party was made aware that the complainant is appearing in Punjab Judicial Services examination scheduled to be held from 22.11.2019 to 24.11.2019 upon which the opposite party reassured the complainant to provide comfortable stay and congenial environment for studies. However, on 23.11.2019 in the evening, when the complainant returned after appearing in Punjab Civil Services (Judicial Branch) examination, she found that the opposite party has unauthorizly entered in the room and construction and repair work in the room was being carried out. The personal belongings, study notes, beddings etc. were lying scattered. When questioned by the complainant, the opposite party tried to console the complainant by offering her tea and snacks. The act and conduct of the opposite party amounts to intrusion in the privacy of the complainant. Also it gave rude shock to the complainant and broke the rhythm of the study and preparation of the complainant. Clearly it has adversely affected the performance of the complainant in the follow up examination and she just missed the call for interview by a slender margin. The act and conduct of the opposite party amounts to deficiency in service. The complainant has claimed compensation under various heads but this Commission deems it just and appropriate to direct the opposite party to pay a composite compensation of Rs.25,000/- to the complainant.
6. As a result of above discussion, the complaint is party allowed with direction to the opposite party to pay a composite compensation of Rs.25,000/- (Rupees Twenty Thousand only) to the complainant within 30 days from the date of receipt of order failing which the complainant shall be entitled to interest @8% per annum on the said amount from the date of order till its actual payment. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.
7. Due to huge pendency of cases, the complaint could not be decided within statutory period.
(Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
Announced in Open Commission.
Dated:15.03.2023.
Gobind Ram.
Ishita Chadha Vs Seema Sondhi CC/21/171
Present: Complainant Ms. Ishita Chadha in person.
OP exparte.
Arguments of the complainant heard. Vide separate detailed order of today, the complaint is party allowed with direction to the opposite party to pay a composite compensation of Rs.25,000/- (Rupees Twenty Thousand only) to the complainant within 30 days from the date of receipt of order failing which the complainant shall be entitled to interest @8% per annum on the said amount from the date of order till its actual payment. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.
(Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
Announced in Open Commission.
Dated:15.03.2023.
Gobind Ram.
