STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    U.T., CHANDIGARH 

                                   (ADDITIONAL BENCH)

Eithad Airways,O-3, Level 4, Terminal-3, Indira Gandhi International Airport,  New Delhi 110037

                                                                                               …Appellant

                                         V e r s u s

1. Shri Amit Bhanot son of Sh. Sunil Bhanot.
2. Dr. Prachi Arora wife of Sh. Amit Bhanot.
3. Karthik Bhanot son of Sh. Amit Bhanot.
4. Yuvaan Bhanot son of Sh. Amit Bhanot.
5. Sh. Sunil Bhanot son of Dr. Harbachan Lal Bhanot.
6. Smt. Shashi Bhanot wife of Sh. Sunil Bhanot.

             All residents of #1300, Silver Tone Society

             Sector-48-B, Chandigarh

7. Travel Trendz, 322, Sector 51A, Chandigarh.

                                                                                                 ...Respondents

Appeal under Section 41 of the Consumer Protection Act, 2019 against order dated 22.08.2022 passed by       District Consumer

 Disputes Redressal Commission-I, U.T. Chandigarh in Consumer Complaint No.161/2021.

 BEFORE:     MRS. PADMA PANDEY, PRESIDING MEMBER

                       Mr.PREETINDER SINGH,MEMBER

Present     :    Mr. Shashank Shekhar, Advocate   for the appellant.

                       Mr. Vineet Chaudhary, Advocate for respondents No.1 to 6

                       Mr. Vikas Anand, Proprietor of respondent No.7

PER PADMA PANDEY,PRESIDING MEMBER

                     This appeal is directed against the order dated 22.08.2022, rendered by the District Consumer Disputes Redressal Commission-I, U.T. Chandigarh          (hereinafter to be referred as “the Ld. Lower Commission”), vide which, it partly allowed the complaint bearing No.CC/161/2021 in the following terms;

“In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1.  To refund the amount of ₹1,23,407/- to the complainants alongwith interest @9% per annum w.e.f. 3.10.2020 (when part amount was refunded) till realization.
2.   to pay an amount of ₹25,000/- to the complainants as compensation            for causing mental agony and harassment to them;
3.   to pay ₹5,000/- to the complainants as costs of litigation.

          This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.”

2.             The  grouse of the appellant in this appeal is that the address of the appellant as provided in the memo of parties, on which notice was issued was incorrect, as the appellant had vacated the said premises on 31.12.2017. However, in ex-parte order against the appellant, the amount  of Rs.1,06,200/-  admittedly paid to the respondents No.1 to 6/complainants  and reflected in the zimni order dated 28.9.2021  has not been taken into account by the Ld. Lower Commission while passing the impugned order.  

3.                     This Commission perused the Zimni order dated 28.9.2021 of the Ld. Lower Commission in CC No.161/2021 wherein complainant No.1 Sh.Amit Bhanot stated that Opposite Party No.1 has already paid an amount of Rs.1,06,200/-out of Rs.1,23,407/- and only an amount of Rs.17,207/-is left, excluding compensation and damages. However, the said zimni order has not been taken into account by the Ld Lower Commission while passing the impugned order and the amount already paid has not been taken into account and ordered to refund the entire amount of Rs.1,23,407/- alongwith interest @ 9% p.a. with effect from 3.10.2020 besides compensation of Rs.25,000/- and litigation costs of Rs.5000/-.  Thus, the impugned order passed by the Ld. Lower Commission is not  based on the correct appreciation of the material on record.  

4.                In view of the above discussion, the appeal is accepted and the impugned order dated 22.8.2022 is modified. The following directions are issued to the Opposite Parties in the complaint, as under ;

                “9(i)To refund the amount of Rs.17,207/-  alongwith interest @9% p.a. from                     28.9.2021 till realization.

                (ii) to pay an amount of Rs.25,000/- as compensation for causing mental                           agony and harassment to the complainants/respondents No.1 to 6

                (iii) to pay Rs.5000/- as costs of litigation.

The  above order shall be complied with by the Opposite Parties within thirty days from today, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% p.a. from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.   

5.                Certified copies of this order be sent to the parties free of charge.

6.                The file be consigned to Record Room, after completion.