Haryana

Gurgaon

CC/517/2012

Vinod Kumar - Complainant(s)

Versus

Anant Bisht - Opp.Party(s)

11 Mar 2014

ORDER

 

DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM GURGAON-122001.

                                                                                                                                                       Consumer Complaint No.517 of 2012                                                                                                                                                                                        Date of Institution: 24.12.2012                                                                                                                                                                                              Date of Decision: 02.03.2015

Vinod Kumar, 237, Street Number 1, Shanti Nagar, Gurgaon, Haryana-122001.

                                                                                        ……Complainant.

 

                                                Versus

 

Anant Bisht &  Ankush Karwa (Directors), Goo20 Technology Pvt. Ltd, 464, Udyog Vihar, Phase-5, Gurgaon (Earlier it was 465, Udyog Vihar, Phase-5, Gurgaon.)

 

                                                                                       ….Opposite party.

                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SH.RAGHVINDER SINGH BAHMANI, PRESIDENT.

                     SMT JYOTI SIWACH, MEMBER.

 

Present:        Sh.Vinod Kumar, complainant in person

                    OP exparte

 

ORDER       R.S.BAHMANI, PRESIDENT.    

 

              The complainant alleged that complainant has invested Rs. 3 Lacs with the OP and made payment vide Cheque and Credit Card which is confirmed by OP vide their email dated 02.01.2012 (Ann-1). It is further alleged that OP had promised that he would be getting a return @ 26 % from the date of investment. OP had also promised to transfer Rs.38.520/- every month to the complainant. They also promised that he would be getting the base amount in 8^th  months and the interest in the 9^th month and produced copy of Goo2o Reseller Program Application Form No.Goo20111559 and Goo2o Reseller Agreement (Ann-2 colly). It is further alleged that the initially OP has made a payment of Rs.25,000/- after so many follow up and later on stopped making payment on the ground of insufficient funds. Thereafter complainant registered a complaint with the police. It is further alleged that Mr. Bisht Director gave him six postdated Cheque of Rs.60,000/- but the complainant till date has received only a total sum of Rs.72,000/- and produced copy of Statement of his Account No.05721140057597 with HDFC Bank, Sector 53, Gurgaon (Ann IV). Complainant further alleged that he called the OP a lot of times but they failed to resolve his problem. He has invested his hard earned money and now is being made to run from pillar to post for no fault on his part. The intention of the OP is malafide as he is not honouring it’s promises and cheques given by the OP have also bounced and produced the copy of the same (Ann-V). He also wrote a letter to the OP on 29.10.2012 to resolve the issue but of no use (Ann-VI). Thus, the OPs are deficient in providing services to the complainant.  He prayed that he is entitled to refund of the entire amount  with interest @ 26 %. He also claimed compensation of Rs. 1 Lac and litigation expenses of Rs.10,000/-. The complaint is supported with an affidavit and the documents referred above.

2                 Notice of the complaint was given to the OP. OP however, failed to turn up despite service and were proceeded exparte on 18.03.2013.

3                 We have heard the complainant and appraised the material on record carefully. Keeping in view the facts and circumstances discussed above and after perusing the record produced by the complainant we are of the considered opinion that the complainant has made investment of Rs.3 Lacs with the OPs as per confirmation  made by the OP vide their email dated 02.01.2012 (Ann-1).  The complainant has alleged that OP had made promises  he would be getting a return @ 26 % from the date of investment besides transferring of Rs.38.520/- every month to the complainant. They had also promised that he would be getting the base amount in 8 months and interest in 9^th month but the OPs initially made the payment of Rs.25,000/- but later on they stopped the same on the ground that they have no sufficient funds with them. Consequently, complainant made a police complaint though no copy produced. The complainant further alleged that later on Mr. Bisht, Director of the OP Company gave him six postdated Cheques worth Rs.60,000/- but till date he has received only Rs.72,000/- from the OP as per his Statement of Account  (Ann-IV) and thus, they failed to pay the remaining amount and the Cheques given by them were bounced (Ann V). He also sent a letter to the OP dated 29.10.2012 (Ann VI) but of no use. Thus, the complainant alleged deficiency of service on the part of the OPs.

4                 The evidence produced by the complainant goes unrebutted as they failed to turn up before this Forum despite service and thus, they failed to rebut the overwhelming evidence produced by the complainant on record. Consequently, the OPs are deficient in providing services to the complainant. The complainant is entitled to refund of Rs.2,28,000/- with interest @ 9 % p.a. from the date deposit i.e. 28.12.2011  till realization. The complainant has been harassed by the OPs causing mental agony and thus, he is entitled to compensation of Rs.5,000/- and litigation expense of Rs.5,000/-.

Compliance be made within 30 days.

Copy of this order be sent to the parties free of costs.

 

Pronounced in open court.                           

Dated: 02.03.2015.

                                                                                                         President,

                                                                             District Consumer Disputes

                                                                                                                                                                                 Redressal Forum, Gurgaon

                 (Jyoti Siwach)

                       Member