Before the District Consumer Disputes Redressal Commission, Room No. 208 2^nd Floor, District Administrative Complex, Tarn Taran

Consumer Complaint No  :   52 of 2019

Date of Institution                      :   05.08.2019

Date of Decision               :   24.01.2023

Janatpreet Kaur minor daughter of Buta Singh through his real father and natural guardian Buta Singh son of Makhan Singh, resident of village Warring (Mohanpur) tehsil and District Tarn Taran.

                                                                             ......Complainants

                                                Versus

1. Baljinder Singh alias Vicky son of Natha Singh resident of village Warring (Mohanpur) Tehsil and District Tarn Taran (agent of Dhan Dhan Baba Bir Singh Ji Sale Promotion, village Bhagupur, Tehsil Patti, District Tarn Taran.
2. Lakhbir Singh,
3. Salwinder Singh both sons of Nirvail Singh, residents of village Bhagupur, Tehsil Patti, District Tarn Taran,
4. Parveen Kumar son of Joginderpal resident of Ward No. 12 Patti, Tehsil Patti, District Tarn Taran,
5. Sukhwinder Singh son of Ajit Singh resident of village Brahmpura Tehsil and District Tarn Taran.

                                                                             .....Opposite Parties

Complaint Under Section  12 and 13 of the Consumer Protection Act.

Quorum:               Sh. Charanjit Singh, President

Ms. Nidhi Verma Member

Sh. Varinder Pal Singh Saini, Member

For Complainant                     Sh. H.S. Sandhu Advocate

For Opposite Party No. 1                          Sh. R.S. Khehra Advocate

For Opposite Parties No. 2 to 4                 Withdrawn vide order dated 3.2.2020

For Opposite Party No. 5                           Ex Parte.

ORDERS:

Charanjit Singh, President

1        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 12 and 13 against the opposite parties on the allegations that the complaint is minor and the present complaint is being filed through his real father and natural guardian Buta Singh who has got no adverse interest against the minor. The opposite party No. 1 is the agent of Dhan Dhan Baba Bir Singh Ji Sale Promotion village Bhagupur, Tehsil Patti, District Tarn Taran and he approached the father of the complainant and told him that he is the agent of Dhan Dhan Baba Bir Singh Ji sale promotion, village Bhagupur, Tehsil Patti District Tarn Taran and he told that their above said company was running a group of committee system of respective group of committee consisting of 20 members with the installment of Rs. 1,200/- per month for a period of 20 months and he also told regarding rules and regulations of their committee system and as per the rules and regulations of their committee system, every month one member will get price/ goods by draw system between amongst the above said members as mentioned in the membership book which was allotted at the time of opening of above said account  in the name of Dhan Dhan Baba Bir Singh Ji sale Promotion, village Bhagupur, Tehsil Patti, District Tarn Taran and he induced the father of the complainant and her family members to open their account membership card and on the inducement of opposite party No. 1, the father of the complainant was ready to open the above said account in the name of complainant and then opposite party No. 1 opened the account membership card of complainant vide card No. 361 on behalf of Dhan Dhan Baba Bir Singh Ji sale promotion, village Bhagupur, Tehsil Patti, District Tarn Taran. Thus, the complainant is a consumer U/s (1)(d)(ii)(iii) of the consumer Protection Act as amended up to date. Thereafter father of the complainant was regularly paying Rs. 1,200/- per month up to 20 months on behalf of complainant to the opposite parties and as per the rules and regulations of committee system, the complainant won price/ goods i.e. double bed as mentioned in the membership book which was allotted at the time of opening of above said account in the name of Dhan Dhan Baba Bir Singh Ji sale promotion, village Bhagupur Tehsil Patti, District Tarn Taran but opposite parties did not give above said gift/ price which was won by the complainant in draw system as mentioned above to the complainant and linger on the matter with one pretext or the other. Then father of the complainant alongwith other respectable persons of village i.e. Baldev Singh son of Major Singh resident of village Warring Mohanpur Tehsil and District Tarn Taran and Sukhwinder Singh son of Mangal Singh resident of village Naurangabad approached opposite parties but they linger on the matter on one pretext or the other. Thereafter, the father of the complainant moved an application to the SSP Sahib Tarn Taran against opposite parties and then with the intervention of respectables a compromise has been effected between the parties and the opposite parties promised to give price/ gift to the complainant which was won by the complainant in draw system as mentioned above on or before 25.5.2019 but later on the opposite parties did not give any gift/ price nor they returned the above said amount of Rs. 30,000/- to the complainant as per the rules and regulations of the above said committee system and also the opposite parties resiled from the compromise effected between the parties. The father of the complainant alongwith respectable persons of village namely Baldev Singh son of Major Singh resident of village Warring Mohanpur Tehsil and District Tarn Taran and Sukhwinder Singh son of Mangal Singh resident of village Naurangabad approached the opposite parties many a times but they linger on the matter on one pretext or the other and now they finally refused to give price/ gift and also refused to give amount of Rs. 30,000/- to the complainant since a week back. The complainant will suffer an irreparable loss in the hands of opposite parties if they will not give above said price/ gift which was won by the complainant in draw system or if they will not return the above said amount of Rs. 30,000/- to the complainant as per the rules and regulations of the above said committee system.  The complainant has prayed the following reliefs:-

1. The opposite parties are directed to give above said price/ gift to the complainant which was won by the complainant in dray system or to return the above said amount of Rs. 30,000/- to the complainant as per the rules and regulations of the above said committee system.
2. The complainant is also entitled for Rs. 50,000/- for mental torture, harassment, agony and financial loss which she has suffered because of wrongful act of the opposite parties.
3. The complainant is also entitled for litigation expenses and counsel fees amounting to Rs. 15,000/-
4. Any other relief to which the complainant is found entitled be also awarded in the interest of justice and equity.

Alongwith the complaint, the complainant has placed on record Attested affidavit of complainant Ex. CW1/A, Self attested copy of membership card in the name of Dhan Dhan Baba Bir Singh sale promotion Ex. C-1, Self attested copy of application moved to SSP Sahib Tarn Taran Ex. C-2, Self attested copy of compromise dated 26.2.2019 Ex. C-3, attested affidavit of Baldev Singh son of Major Singh resident of village Warring Mohanpur Tehsil and District Tarn Taran Ex. C-4, Attested affidavit of Sukhwinder Singh son of Mangal Singh resident of village Naurangabad District Tarn Taran Ex. C-5.

2        Notice of this complaint was sent to the opposite parties and opposite party no. 1 appeared through counsel but failed to file the written version within prescribed period under the act, therefore, the right of opposite party No. 1 to file written version is closed by order vide order dated 15.10.2019.

3        On 3.2.2020 Ld. counsel for the complainant withdrew the present complaint against the opposite parties No. 2 to 4.

4        Notice of this complaint was sent to the opposite party 5 but no one appeared on behalf of opposite party No. 5 and consequently, the opposite party No. 5 was proceeded against exparte vide order dated 9.9.2019.

5        We have heard the Ld. counsel for the complainant and opposite party No. 1 and have also carefully gone through the documents on the file.

6        Ld. counsel for the complainant contended that the complaint is minor and the present complaint is being filed through his real father and natural guardian Buta Singh who has got no adverse interest against the minor. The opposite party No. 1 is the agent of Dhan Dhan Baba Bir Singh Ji Sale Promotion village Bhagupur, Tehsil Patti, District Tarn Taran and he approached the father of the complainant and told him that he is the agent of Dhan Dhan Baba Bir Singh Ji sale promotion, village Bhagupur, Tehsil Patti District Tarn Taran. He further contended that he told that their above said company was running a group of committee system of respective group of committee consisting of 20 members with the installment of Rs. 1,200/- per month for a period of 20 months and he also told regarding rules and regulations of their committee system and as per the rules and regulations of their committee system, every month one member will get price/ goods by draw system between amongst the above said members as mentioned in the membership book  He further contended that on the inducement of opposite party No. 1, the father of the complainant was ready to open the above said account in the name of complainant and then opposite party No. 1 opened the account membership card of complainant vide card No. 361 on behalf of Dhan Dhan Baba Bir Singh Ji sale promotion, village Bhagupur, Tehsil Patti, District Tarn Taran which is Ex. C-1. The complainant is a consumer U/s (1)(d)(ii)(iii) of the consumer Protection Act as amended up to date. He further contended that father of the complainant was regularly paying Rs. 1,200/- per month up to 20 months on behalf of complainant to the opposite parties and as per the rules and regulations of committee system, the complainant won price/ good i.e. double bed as mentioned in the membership book which was allotted at the time of opening of above said account in the name of Dhan Dhan Baba Bir Singh Ji sale promotion, village Bhagupur Tehsil Patti, District Tarn Taran but opposite parties did not give above said gift/ price which was won by the complainant in draw system as mentioned above to the complainant and linger on the matter with one pretext or the other. He further contended that then father of the complainant alongwith other respectable persons of village i.e. Baldev Singh son of Major Singh resident of village Warring Mohanpur Tehsil and District Tarn Taran and Sukhwinder Singh son of Mangal Singh resident of village Naurangabad approached opposite parties but they linger on the matter on one pretext or the other. Thereafter, the father of the complainant moved an application to the SSP Sahib Tarn Taran against opposite parties  which is Ex. C-2 and then with the intervention of respectables a compromise has been effected between the parties and the opposite parties promised to give price/ gift to the complainant which was won by the complainant in draw system as mentioned above on or before 25.5.2019 but later on the opposite parties did not give any gift/ price nor they returned the above said amount of Rs. 30,000/- to the complainant as per the rules and regulations of the above said committee system and also the opposite parties resiled from the compromise effected between the parties. He further contended that the father of the complainant alongwith respectable persons of village namely Baldev Singh son of Major Singh resident of village Warring Mohanpur Tehsil and District Tarn Taran and Sukhwinder Singh son of Mangal Singh resident of village Naurangabad approached the opposite parties many a times but they linger on the matter on one pretext or the other and now they finally refused to give price/ gift and also refused to give amount of Rs. 30,000/- to the complainant since a week back and prayed that the present complaint may be allowed.

7        In the present case, dispute is between the parties regarding the committees and according to complainant he is entitled to double bed from the opposite parties. But the complainant has not placed on record any document which shows that the complainant has won double bed and is entitled for the same from the opposite parties. There is no agreement executed between the parties regarding the committees and the complainant has not availed any service from the opposite parties rather according to complainant, he started the committees with the opposite parties and the committees are just for the profit and the complainant has not placed on record any document which shows that the opposite parties are liable for the double bed. Moreover, in the cases of committees the complainant does not fall under the definition of consumer. 

8        The complainant alleged in the present complaint that the complainant opened the account in the name of Dhan Dhan Baba Bir Singh Ji sale promotion, village Bhagupur, Tehsil Patti,           District Tarn Taran and also alleged that the opposite party No. 1 is agent of said Dhan Dhan Baba Bir Singh Ji sale promotion, village Bhagupur, Tehsil Patti, District Tarn Taran but the complainant has not made party to said Dhan Dhan Baba Bir Singh Ji Sales Promotion, village Bhagupur as such, the present complaint is also bad for non joinder of necessary parties and is not maintainable.

9        In view of the above discussion, we do not find any merit in the complaint and the same is hereby dismissed. The parties are left to bear their own costs.  Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission and due to COVID-19. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission

24.1.2023

 (Charanjit Singh)

       President

(Nidhi Verma)                        (V.P.S. Saini)        

                                        Member                                  Member