BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.114 of 2018
Date of Instt. 19.03.2018
Date of Decision: 24.09.2019
Mohan Singh aged about 65 years son of Sh. Gurbachan Singh resident of Village Seechewal, P. O. Chak Chela, Tehsil Shahkot, District Jalandhar, proprietor M/s Khalsa Organic Store, Village Seechewal, P. O. Chak Chela, Tehsil Shahkot, District Jalandhar.
..........Complainant
Versus
1. Anil Kumar s/o Mahesh Dass, resident of House No.496, Prahlad Nagar, Hoshiarpur, owner of M/s ASP Natureway Network Pvt. Ltd., 2nd Floor, Nandra Complex, Opp. Nexa Showroom, NH3 Jalandhar Bye Pass Road, G. T. Road, Hoshiarpur, Punjab 146111.
2. Manav Anand, Managing Director of M/s. ASP Natureway Network Pvt. Ltd., 2nd Floor, Nandra Complex, Opp. Nexa Showroom, NH3 Jalandhar Bye Pass Road, G. T. Road, Hoshiarpur, Punjab 146111.
3. M/s. ASP Natureway Network Pvt. Ltd., 2nd Floor, Nandra Complex, Opp. Nexa Showroom, NH3 Jalandhar Bye Pass Road, G. T. Road, Hoshiarpur, Punjab 146111 through its Managing Director Manav Anand.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Ms. Amandeep Kaur Gill, Adv. Counsel for Complainant.
OPs exparte.
Order
Karnail Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that he is running a Karyana Shop under the name & style of M/s Khalsa Organic Store in Village Seechewal, Tehsil Shahkot, District Jalandhar. The OP Company is a networking company and has been incorporated under the Companies Act 2013 and a certificate of Incorporation has been issued to it.
2. That the complainant joined this company vide ID No.1002 and worked with this company with full dedication and accordingly, the company had opened a branch office at Malsian with which the complainant had joined the said company and doing work with full enthusiasm and had been depositing the business with this branch office and had been paid commission and other benefits from time to time.
3. That the complainant had been purchasing Karyana goods from the OPs since long vide different invoices in the name of his shop Khalsa Organic Store. On 24.11.2016 a telephonically conversation was done with Anil Kumar S/o Mahesh Dass OP No.1 on his cell no.94630-13633 and there upon the complainant deposited Rs.50,000/- in the account No.023605001579 of M/s ASP Natureway Networks Pvt. Ltd. i.e. OP. The said amount was deposited by the complainant to purchase Natureway products. After few days, the OP No.1 did not supply the aforesaid products to the complainant and accordingly, the complainant contacted to OP No.1, who in turn of that talk told the complainant to connect with OP No.2 Manav Anand and accordingly, the complainant talked with OP No.2 Manav Anand upon his mobile No.92177-73239, who told that their company do not send products of the value of Rs.50,000/- and further said that the company sends the product of the minimum value of Rs.1,00,000/-. Thereupon the complainant asked OP No.2 Manav Anand to come to his store and correct the remaining amount of Rs.50,000/- and accordingly, OP No.2 visited the store of the complainant and got remaining Rs.50,000/- from the complainant in the presence of one Harpreet Singh S/o Darshan Dass, resident of Village Seechewal, Distt. Jalandhar, with the assurance that the OP will send the products within a week, but even thereafter, one week was passed, but the product was not sent by OPs and then again complainant contacted OP No.1 as well as OP No.2 and make a request to send the products, but all in vain and thereafter, the complainant moved various application to the higher authority for taking appropriate action against the OPs, but no action was taken by the competent authority i.e. Police Department and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to reimburse the deposited amount of Rs.1,00,000/- with interest and be also directed to pay compensation of Rs.2,00,000/- and litigation expenses of Rs.25,000/-.
4. Notice of the complaint was given to the OPs, but despite service all the OPs did not bother to appear and ultimately, all the OPs were proceeded against exparte.
5. In order to establish the allegations as made in the complaint, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex.CA/1 to Ex.CA/5 and then closed the evidence.
6. We bestowed our thoughtful consideration to the submissions made by learned counsel for the complainant and also scanned the case file very minutely.
7. After considering the submission of learned counsel for the complainant as well as from the scrutiny of the pleading and documents, it construe that the main allegations of the complainant are that he is running a Karyana Shop under the name & style of M/s Khalsa Organic Store in Village Seechewal, Tehsil Shahkot, District Jalandhar and in consonance of his business, the complainant made an order to the OP for sending some products and also transferred a sum of Rs.50,000/- in the account of the OP, vide Bank receipt Ex.CA/3. It is pertinent to mention here that the complainant used to get grocery product from the OPs on different occasions, regarding that three invoices dated 30.12.2016 are available on the file though the same are not exhibited by the complainant, but in the interest of justice, the same can be taken into consideration just to facilitate the dispute in question. These invoices itself established that the complainant has not first time ordered for grocery product rather he used to purchase the same from the OP, but this time, the OP create a obstacle that the OP did not supply the product for sum of Rs.50,000/-, rather the OP supplied the goods of the minimum value of Rs.1,00,000/- and accordingly, as per version of the complainant, he again paid a sum of Rs.50,000/- to OP No.2 at village Seechewal in the presence of one Harpreet Singh S/o Darshan Dass and thereafter, the complainant has been waiting for the product, which is to be supplied by the OP, to the tune of Rs.1,00,000/-, but the same never supplied by the OP, which tantamount to deficiency in service as well as unfair trade practice. Even the complainant made so many complaints to the police authority against the OP, but no action was taken and accordingly, the instant complaint filed. The allegations made by the complainant are not rebutted by the OP despite sending summons and as such, we find that the version of the complainant is un-rebutted and we do not find any earthly ground to discard the un-rebutted version of the complainant and accordingly, we came to conclusion that the OPs despite receiving the amount of Rs.1,00,000/- failed to supply the product of grocery item and therefore, the complainant is entitled for the relief.
8. In the light of above detailed discussion, the complaint of the complainant is exparte partly accepted and OPs are directed to reimburse the amount of Rs.1,00,000/-, received from the complainant with interest @ 12% per annum from the date of filing complaint i.e. 19.03.2018, till realization and further, OPs are directed to pay compensation to the complainant for causing mental tension and harassment, to the tune of Rs.35,000/- and further, OPs are directed to pay litigation expenses of Rs.10,000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
24.09.2019 Member President
