RINKI GUPTA vs R.K.SYAL

THIS appeal has been filed against the order dated 22.8.2003 passed in Complaint Case No. 211 of 2003 by District Consumer Disputes Redressal Forum-II. U.T., Chandigarh [for short, hereinafter, referred to as District Forum-II].

THE facts in brief are as under : THE appellant filed a complaint before the District Forum alleging deficiency in services on the part of respondent/OP due to non-payment of maturity amount of Rs. 31,700/-. THE appellant had also prayed for grant of Rs. 30,000/- for mental agony. Rs. 30,000/- for damages on account of harassment, Rs. 30,000/- as compensation for the damages due to defective and negligent services of opposite party and Rs. 5,000/- towards the cost of legal proceedings. The opposite party despite due service did not appear and suffered ex parte proceedings. The District Forum on the basis of material on record partly allowed the complaint and directed the opposite party to pay Rs. 31,170/- with interest @ 8% per annum w.e.f. 25.12.1999 till payment. The litigation costs quantified as Rs. 500/- were also granted.

Aggrieved against the order of the District Forum this appeal has been instituted pleading inter alia that inspite of his claims having been gone uncontested and unrebutted the District Forum has reduced the maturity amount of Rs. 31,700/- to Rs. 31,170/- and Rs. 30,000/- each claimed by him for mental agony, harassment, damages due to negligent services have been totally ignored. Further, inspite of litigation expenses of Rs. 5,000/- having been certified by the Counsel the District Forum has granted only Rs. 500/-. In the nutshell the appeal was filed to enhance the compensation and for awarding of maturity amount of Rs. 31,700/- which has been reduced by the District Forum without any justification.

A perusal of the record of case, pleadings and impugned order makes it evidently clear that the maturity amount mentioned in the operative part of the order as Rs. 31,170/- is a typographical error only as the District Forum has rightly recorded the maturity amount of Rs. 31,700/- in the order and there is no mention of reducing of any amount on any ground whatsoever in the entire order, hence apparently this is an advertent typing error only. We are of the view that the contention of the appellant has merit that the District Forum has erred or omitted in not awarding any amount of compensation on any ground whatsoever inspite of holding the opposite party deficient in service. However, in our considered opinion that appellant/complainant has claimed those amounts under the various heads are much on the higher side and all these grounds like compensation for mental agony, damages for harassment and compensation on account of damages caused by deficient and negligent services boil down to deficient service but the complainant has split these under the various heads. Keeping in view the maturity amount and the facts and circumstances of the case Rs. 3,000/- would be just and fair compensation for deficiency in service. Further the amount of Rs. 500/- awarded by the District Forum as costs of litigation is also on the lower side and ends of justice would meet if the same is enhanced to Rs. 2,000/-. The appeal is partly allowed and the impugned order of the District Forum is modified to the extent referred above and the final relief granted would be as under : "The opposite party is directed to pay Rs. 31,700/- towards the maturity amount with interest @ 8% per annum w.e.f. 16.12.1999 till realization and further to pay a compensation of Rs. 3,000/- on account of deficiency in service and Rs. 2,000/- as the costs of litigation."

THE appeal is partly allowed and the impugned order of District Forum stands modified. Copies of this order be sent to the parties free of charges. Appeal partly allowed.