BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL

FORUM, QUTUB INSITITUTIONAL AREA

Case No. 17/2019

IN THE MATTER OF:

Salman Haider Zaidi …….Complainant

Versus

Shibli boys Hostel ……..Respondent

WRITTEN ARGUMENTS ON BEHALF OF COMPLAINANT (SALMAN

HAIDER ZAIDI).

MOST RESPECTFULLY SHOWETH

1. The complainant is a bonafide student of Faculty of Law,

Jamia Millia Islamia and due to the location of the

Respondent is nearby the university and promotion led by

its authorities through posters and website and showed a

rosy picture to the complainant.

2. The complainant tendered Rs. 17,000 to the Respondent

which included fee for a month from 1 st October to 1st

November, 2016 which was Rs.6,000, Security deposit of

Rs.6,000 and Annual Fee of Rs.5,000.

3. The complainant on the very first day of joining the hostel

complained the authorities of the Respondent about the

lack of basic facilities in the hostel that is no lock in the

door which transgress the privacy of the individual and

lack of internet facility which happens to be a common

facility provided by the every other hostel in town in the

same amount of fee which being charged by the

Respondent.

4. The complainant cleared the hostel on very next day after

the complaint was made to the Respondent authorities.

Neither any action was taken in response of the complaint

nor any affirmative steps towards the complaint was

promised by the authorities of the Respondent.

5. The Complainant demanded the authorities of the

Respondent to revert the total amount tendered as the

complainant cleared the Respondent premises immediately

after not being served by the basic facilities of the hostel,

but the Respondent authorities denied the claim of the

complainant and asserted that “Fees are Non- refundable”

and Even didn’t disburse the security and Annual fee to

 the complainant and are in illegal possession of the same

which amounts to unfair trade practice.

6. The complainant tendered a legal notice to the Respondent

against Non- disbursal of the total amount tendered by the

complainant and are in illegal possession of the same and

the Respondents didn’t answer the said legal notice.

7. The cause of action arose when the complainant did not

vail the basic facilities, the cause of action again arose

when the complainant made the effort of demanding the

Fee back from the authorities of Respondent and the cause

of action again arose when the Respondent did not reply

against the legal notice tendered by the complainant.

8. The Complainant filed this complaint within the time

period ascertained in the Consumer Protection Act, 1986.

THE RESPONDENT DID NOT APPEAR BEFORE THE HON’BLE

FORUM THEREBY COMPLAINT PROCEEDED EX PARTE AGAINST

THEM.

ADMISSIONS BY RESPONDENT

1. That all averment, submissions made by the Complainant have

been admitted as the Respondents did not appear and denied it.

SUBMISSIONS
 1. That Complainant tendered money to the Respondent for availing

hostel facility but due to lack of essential service such as lack of

facility i.e. absence locks in the room and internet facility and the

complainant complained about the same to the Authorities of the

Respondent who all didn’t pay the heed thereby Complainant

cleared the Respondent premises which hereby is Deficiency of

service as defined in Section 2 (1) (g) of the Consumer Protection

Act, 1986 on the part of Respondent.

2. The promotion and advertisement of the Respondent of their

service and facilities are contrary to that existed in the

Respondent Premises which is Unlawful Trade Practice as defined

in Section 2 (1) (r) of Consumer Protection Act, 1986.

3. That Complainant demanded refund from the Authorities of the

Respondent that is Rs. 17,000 which included Monthly fee of Rs.

6,000-/ from 1st October, 2016 to 1St November 2016, Security

Deposit of Rs. 6,000 and Annual Fee of Rs. 5,000 which was

denied to be Refunded to the Complainant by the Respondent

Authorities.

In the light of abovementioned arguments the complainant prays from the

Hon’ble Forum

a) To Order the Respondent to disburse the total amount tendered Rs.17,000

with 18% interest.

b) Grant compensation on account of mental harassment and dispute expenditure of

Rs.5,000.

c) Such further order as may be deemed just and expedient in the circumstances of the

case may very graciously be passed in the interest of justice.