CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 278/2014
Sh. Mukesh Mediratta
R/o B-2B-15, Janakpuri,
New Delhi-110058 ……Complainant
Versus
M/s Aptech Ltd.
A-13, II Floor,
South Extn. Part-I
New Delhi-110048 ……Opposite Party
Date of Institution : 17.07.14 Date of Order : 19.09. 15
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that OP Company develops and imparts computer aided education in various fields like graphic, designing languages and computer training through a network of private franchise units all over the Delhi and NCR. OP in order to extend its franchise demands a refundable deposit of Rs.14 lakhs and then allows the franchise to use its computer aided programmes and its brand name to lure students to learn through the franchise units. As the proposal looked feasible and the complainant who is an NRI and keen to shift back to India, agreed to take up the franchise of the OP, as he is Computer Scientist. This would have resulted in both income for personal enhancement and livelihood apart from proper usage of his own skill in the field. After a round of negotiations with the OP he got a demand draft No.006732 dated 13.09.2013 for Rs.14 lakhs in favour of OP. After the DD was paid to the OP, he left for the USA to wind up his work operations there and returned to India about two months later. In the hope of fulfilling his dream of setting up a franchise educational unit he went to the office of OP and was shocked to learn about the dili-dallying tactics of the OP in extending the franchise. OP has neither returned the money nor being receptive to the idea of opening a franchise unit of OP by him. He issued a legal notice dated 11.06.2014 through his counsel to OP but to no response. Hence, pleading unfair trade practice Complainant has filed the present complaint with the following prayers:-
- Direct the OP to pay a sum of Rs.14 lakhs alongwith delay period interest @ 18% on the deposits held with the Company till the actual payment.
- Direct the OP to pay a sum of Rs.60,000/- as compensation for mental agony and harassment as also cost of litigation.
Notice was issued to the OP. When no one appeared on behalf of the OP, the OP was proceeded exparte vide order dated 06.02.15 passed by our predecessors which reads as under:-
“Case No. 278/14
06.02.2015
Present: Complainant in person.
None for OP.
None has appeared for OP on the last date of hearing and today also none has appeared on its behalf despite notice and repeated calls since morning. Complainant has filed proof of service, which is on record. Therefore, at 2.35 p.m., OP proceeded against exparte and complainant is directed to file exparte evidence and exparte written arguments on 27.3.15.”
Complainant has filed his exparte evidence by way of affidavit and written arguments as well.
We have heard the arguments of Counsel for Complainant and his Counsel and have also gone through the file very carefully.
Complainant has placed on record a letter dated 04.08.2014 issued by IDBI Bank Ltd., B-3/61, Janakpuri, New Delhi-110058 showing that a Demand Draft of Rs.14 lakhs was issued on 03.09.2013 from SB A/C No.192104000057442 of the Complainant in favour of OP which was encashed by OP on 10.09.2013 (copy annexure-A for the purposes of identification). He has also placed on record a copy of legal notice dated 10.06.14 issued to OP through his counsel asking the OP to return the money within 15 days from the receipt of the copy of notice. He has further filed on record a copy of an email dated 17.11.2014 sent by OP to the Complainant wherein OP requested the Complainant to send the scanned copy of summon and the complaint through email at its Mumbai Address, A-65, Aptech House, MIDC, Marol, Andheri East, Mumbai – 400093 (we mark it as Annx. B for the purposes of identification). It appears that the said email message was sent by the OP to the complainant in response to legal notice dated 11.11.14 sent to the OP through email which we now mark as Annex. C for the purpose of identification whereby the complainant had informed the OP about the filing of present complaint before this Forum and the next date of hearing as 6.2.2015. Thus, OP has the knowledge about the filing of complaint but has not chosen to contest it.
Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant. Therefore, we hold the OP guilty of unfair trade practice, allow the complaint and direct the OP to refund the deposited amount of Rs.14 lakhs alongwith interest @ 6% per annum from the date of its deposit i.e.10.09.2013 till the date of realization. OP is also directed to pay a sum of Rs.10,000/- for harassment and mental agony undergone by the Complainant including cost of litigations.
The order shall be complied with within 30 days of receipt of this order failing which the OP shall become liable to pay interest @ 9% p.a. from the date of filing of complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 19.09.15.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
19.9.2015
Present – None.
Vide our separate order of even date pronounced, the complaint is allowed. OP is directed to refund the deposited amount of Rs.14 lakhs alongwith interest @ 6% per annum from the date of its deposit i.e.10.09.2013 till the date of realization. OP is also directed to pay a sum of Rs.10,000/- for harassment and mental agony undergone by the Complainant including cost of litigations. The order shall be complied with within 30 days of receipt of this order failing which the OP shall become liable to pay interest @ 9% p.a. from the date of filing of complaint till realization. Complaint stands disposed off accordingly. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
