Haryana

Kurukshetra

268/2018

Vijay Kumar - Complainant(s)

Versus

Bharat CSp - Opp.Party(s)

R.k.Dogra

06 Sep 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Complaint Case No.268 of 2018.

Date of instt: 06.12.2018. 

                                                                      Date of Decision: 06.09.2019.

 

Vijay Kumar son of Shri Chanan Singh, resident of village Gumthala Gharu, Tehsil Pehowa, District Kurukshetra.

 

                                                ……..Complainant.

                        Vs.

 

1.Bharat CSP, Bharat Bhawan, Raja Ram Mohan Ray Road, Richmond Circle Bangalore, Karnataka (Customer Service Portal)- 560026 through its M.D./ Authorized signatory.

2.Rahul Raj officials/ officers of Bharat CSP, Bharat Bhawan, Raja Ram Mohan Ray Road, Richmond Circle Bangalore, Karnataka- 560026.

3.Parmod Parshad officials/ officers of Bharat CSP, Bharat Bhawan, Raja Ram Mohan Ray Road, Richmond Circle Bangalore, Karnataka- 560026.

 

..………Opposite parties.

 

Complaint under section 12 of Consumer Protection Act.                   

 

Before       Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Sunil Mohan Tirkha, Member.

 

Present:     Sh. R.K. Dogra, Advocate for complainant.

Opposite parties exparte.

   

ORDER     

 

                   This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Vijay Kumar against Bharat CSP, Bharat Bhawan and others, the opposite parties.

2.            Brief facts of the present complaint are that complainant has hired the services from the ops and as such, the complainant is consumer of the ops. The complainant at the instance of ops has deposited Rs.18,600/- with Bharat CSP Company for serving in account No.918020019741381 which was in the name of Mr. Rahul Rai. That a message was received from the company that the complainant may deposit Rs.1,00,000/- in account no.20417451486 which was in the name of Parmod Parshad because the population of village was more than the target. That the complainant has received a second message that as per R.B.I. rules that complainant has reached to the amount of Rs.4,00,000/- upon which he has to pay tax, which is of Rs.72,000/-. It is further averred that after receiving the said message, the complainant showed his inability to deposit Rs.72,000/-. The company stated to deposit Rs.36,000/- if is unable to deposit Rs.72,000/- and remaining amount of Rs.36,000/- will be deposited by the company itself. Thereafter, the complainant has deposited Rs.36,000/- on 3.8.2018 in account of Parmod Parshad. It is further averred that again a telephonic message has been received from the company that the amount of Rs.36,000/- has not been deposited by him and they asked to deposit the same. The complainant showed his inability to work with the company because there were time and again demands of the company. In this way, the complainant has deposited Rs.2,54,600/- in the company. Thereafter, there was a message from the company that he has to wait for 45-60 days and total amount will be deposited in his bank account No.33207309588 of State Bank of India, branch office Pehowa. It is further averred that again a telephonic message was received from the company that cheque of amount of Rs.2,90,600/- was sanctioned for him and he has demanded only Rs.2,54,600/- but for depositing the said amount, there is problem with the company because he has not deposited Rs.36,000/- and if he wants to receive the cheque of Rs.2,90,600/- then he has to deposit Rs.36,000/- otherwise his said cheque of Rs.2,90,600/- will be cancelled. Then the complainant requested that his amount which is Rs.2,90,600/- may be deposited in his account and thereafter he shall deposit the remaining amount of Rs.36,000/- in their bank account. Till today, he is waiting for the amount which has not been returned by the company for depositing in his account so far. That the company has made him foolish time and again for the money and a fraud was played by the company itself alongwith official by demanding the amount again and again. That complainant requested so many times to the ops to return the said amount illegally received by them giving false allurement to the complainant but the ops have failed to return the said outstanding amount. That due to above said illegal act and conduct of ops, the complainant suffered lot of mental as well as physical harassment. Hence, this complaint.

3.             Notices sent to the ops received back unserved and thereafter the ops were ordered to be summoned through publication in newspaper “Daily Chardikala” but ops have failed to appear despite publication and as such they were proceeded against exparte.

4.             The complainant tendered in evidence affidavits Ex.CW1/A to Ex.CW3/A and documents Ex.C-1 to Ex.C-37 and thereafter, closed the evidence.  

5.             We have heard the learned counsel for the complainant and perused the case file carefully and minutely.

6.             On perusal of the file shows that the complainant had applied for Bharat CSP which is Ex.C-2 application form and Ex.C-4 settlement account opening form. He has also placed on file copy of details of transactions, which is made through digital transactions i.e  Ex.C-5, Ex.C-7 to Ex.C-12, Ex.C-14 and Ex.C-15 from which it is evident that complainant deposited the amount with the Ops. The complainant has also placed on file copy of Registration Certificate Ex.C-25 clearly shows that the complainant fulfill all the requirements. But the ops have failed to give the amount of Rs.2,54,600/- to the complainant.  So, the evidence adduced by the complainant goes unrebutted and unchallenged.  Hence, from the facts and circumstances of the case, it is clear that the OPs have adopted the unfair trade practice.

7.                The averments made in the complaint have gone un-rebutted and uncontroverted in the absence of any rebuttal from the side of the OPs who preferred to proceed against exparte through publication. The OPs did not bother to redress the grievance of the complainant when it was contacted, resulting into immense, mental and physical harassment to them. This shows the unfair trade practice on the part of the opposite parties, we have no other alternative, but to allow the present complaint against it.    

8.             In view of the above, we allow the present complaint and direct the opposite parties to pay the amount of Rs.2,54,600/- to the complainant with interest 7% per annum from the date of filing of this case till actual payment within a period of 45 days from the date of receipt of copy of this order. The complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the Ops. We also direct the Ops to further pay a sum of Rs.10,000/- as compensation for harassment and also pay a sum of Rs.10,000/- as litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room. 

Announced in open Forum:

Dt.: 06.09.2019.                                                  (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.