District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.692/2022.

 Date of Institution: 26.12.2022.

Date of Order: 28.03.2023.

Ishwar Parkash Singla (I.P.Singla) son of Shri Ram Kishan Dass, resident of House No.692, Opp. Modern School, Sector-17, Faridabad.

                                                                   …….Complainant……..

                                                Versus

1.                Rahul C/o Sunder Bend Talab Road, Bend Market, Old Faridabad M.No. 9718151405.

2.                Sunder Bend, Talab Road, Bend Market, Old Faridabad.

                                                                   …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

PRESENT:          Shri Sushil Kumar, counsel for the complainant.

                             Opposite party ex-parte vide order dated  20.02.2023.

ORDER:

                   The facts in brief of the complaint are that the complainant    booked band baja etc. for opposite party for the marriage of his grandson.  At the time of booking the complainant had paid Rs.11,000/- as advance amount for horse and band baja etc.  The complainant again paid advance amount of Rs.3,000/- for firework on 17.3.2021.  The marriage of the grandson of the complainant was fixed for 27.4.2021..  Due to covid-19 the Hon’ble Haryana Govt. had banned in the band baja, hence the marriage was not solemnized on 27.04.2021.  before the date of marriage the complainant informed the opposite party regarding above said fact.  The date of marriage of the grandson of the complainant was postponed for 20.6.2021.  On the said date there was also ban for band etc.  On 20.06.2021 the son of the complainant namely Rakesh Single telephonically called opposite party to send the horse and baggi for sometime for shagun.  Oppose party told the complainant that he was in Agra and opposite party will sent the horse and baggi by arranging the same from another person and asked the complainant to pay cash amount to the said baggiwala.  Opposite party also assured the complainant that opposite party will repay the amount of Rs.14,000/- to the complainant after coming back from Agra, hence the complainant paid cash amount to said baggiwala.  The complainant demanded the above said amount from opposite party so many times but opposite party did not pay any heed towards the request of the complainant.  His client told him for booking of the band baja and horse for the marriage of his relative on 5.2.2022 but he asked his client that he had already booked for the said date i.e 5.2.2022..  The complainant sent legal notice dated 11.11.2022 to the opposite party but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite party to:

a)                pay the amount  of Rs.14,000/- which was received by opposite party as advance from the complainant.

b)                 pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs.11,000/- as litigation expenses.

2.                 Notice issued to opposite parties on 15.02.2023 not received back either served or unseved.  Tracking details filed in which it had been mentioned that “Item Delivery Confirmed”.  Hence, opposite parties were hereby proceeded ex-parte vide order dated 20.02.2023.

3.                The  complaint led evidence in support of  his respective version.

4.                We have heard learned counsel for the complainant and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite parties –  Rahul & Others with the prayer to: a) pay the amount  of Rs.14,000/- which was received by opposite party as advance from the complainant. b)         pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . c) pay Rs.11,000/- as litigation expenses.

                   To establish his case, the complainant has led in his evidence   Ex.CW1/A – affidavit of  Shri Ishwar Parkash Singhla,, Ex.C-1 – legal notice, Ex.C-2 – order form,, Ex.C3 & 4 – postal receipts.

6.                There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties have rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties.

7.                Opposite parties, jointly & severally, are directed to :

a)                pay Rs.14,000/- alongwith interest @ 6% p.a. from the date of filing of complaint till its realization.

b)                pay Rs.1100/- as compensation for causing mental agony and harassment.

c)                pay Rs.1100/- as litigation expenses.

Compliance of this order be made within 30 (thirty) days from the date of receipt of  copy of this order.  Copy of this order be given to the parties concerned free of costs and file be consigned to record room.

Announced on:28.03.2023                                   (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                (Indira Bhadana)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.