Complainant Anil Singh has filed the present complaint against the opposite party U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to deliver the amount of Rs.24,000/- alongwith interest. Opposite party be further directed to pay Rs.1,00,000/- as compensation for harassment and mental agony alongwith Rs.10,000/- as litigation expenses, in the interest of justice.

2.       The case of the complainant in brief is that opposite party has started business plan in the name & style Atwal Sunder Marketing Pvt.Ltd. and opposite party has approached him that if he make a team of 12 persons, then one product will be free to team leader, (Rs.1200/- on each product in the hand of team leader) or if buyer is willing to buy product value of Rs.12000/- then he/she can buy directly by making full payment. He has next pleaded that after acknowledge and understanding the plan of the opposite party, he deposited amount of Rs.1000/- on each every month in the shape of installments for 12 months and completed the installment in favour of opposite party then opposite party has generated Challan No.26348 in his favour but refused to deliver the product on 25.04.2022 as mentioned on the challan. On 17.4.2022 official of opposite party Mr.Parvesh Kumar through telephonic mobile No.8360165514 and told him that his product will be deliver 1-2 days. After that 20th April 2022, he contacted to the official Mr.Parvesh Kumar and he told him that "you never approach me" and told him that "you must contact with the opposite party i.e. company". After that he many time approached to the opposite party through telephonic but till now no reply by the opposite party. These products sold by opposite party are very much of cheapest and inferior quality and don't have the actual value of the products. The act and conduct of the opposite parties tantamount to deficiency in service and unfair trade practice on the part of the opposite party. Hence  this complaint.

 3.          Notice issued to opposite party had not been received back. Period of 30 days had already been elapsed. Presumption could be drawn that opposite party no.1 had been served but it was intentionally evading the service of the notice. Case called several times, but none had appeared on behalf of opposite party. Hence, opposite party was ordered to be proceeded against exparte vide order 29.6.2022.

4.        Alongwith the complaint, complainant has filed his own affidavit Ex.AW-1/A alongwith other documents Ex.A-1 to Ex.C-4.

5.      Written arguments have not been filed by complainant.

6.    We have carefully gone through the pleadings of counsel for the complainant;  oral arguments advanced by their respective counsel and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.

7.      As narrated above, the complainant alleged in the complaint and his affidavit that he has joined business plan with opposite party for depositing certain amount on monthly basis to get a product and other benefits from opposite party as given in the business plan and pamphlet placed at Ex.A-1 and Ex.A-2.

8.    Complainant further placed on record copy of challan for delivery of product to him at Ex.A-4 which is generated by opposite party after completion of installment paid by him as alleged by complainant. It is further added by complainant that a said product has not been delivered to him so far inspite of follow up by him. Complainant has not submitted copies of payment receipts but submitted an affidavit wherein it is certified that payments has been made by him.

9.        From the evidential part, it is proved that the complainant time and again approached opposite party for removal of his grievance but was unnecessarily harassed by opposite party which amounts to deficiency in service on the part of opposite party. The opposite party did not bother to appear in the Commission and prefer to proceed exparte vide order dated 29.06.2021 and also failed to satisfy the complainant and also did not care to contest the claim of the complainant and rebut the evidence led by her as aforesaid and as such it can be concluded without any hesitation that either opposite party admit the claim of the complainant or has nothing to say in the matter. In this way, the evidence led by the complainant goes unrebutted and unassailed.

10.    From the above, we are of the opinion that opposite party has not adhered to their business plan and failed to deliver the required  product to the complainant. It is the deficiency in service and unfair trade practice on the part of the opposite party.

11.    In view of above, by considering the facts and circumstances of the case, the present complaint is partly allowed. Opposite party is hereby directed to refund full amount paid by the complainant with 6% p.a. interest from the date of filing of the complaint till its realization within 30 days from the receipt of copy of this order. No order as to costs.

12.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

13.    Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

            (Naveen Puri)

                                                                            President   

Announced:                                                   (B.S.Matharu)

August 26, 2022                                                  Member

*MK*