Punjab

Fatehgarh Sahib

CC/70/2020

yuvraj Sehgal - Complainant(s)

Versus

Branch Factory - Opp.Party(s)

Sh Karamveer Singh

03 Dec 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB

1)                                                                                                            Consumer Complaint No.70 of 2020

                                                                   Dated of Institution : 20.10.2020

 

2)                                                                                                            Consumer Complaint No.71 of 2020

                                                                   Dated of Institution : 20.10.2020

 

3)                                                                                                            Consumer Complaint No.72 of 2020

                                                                   Dated of Institution : 20.10.2020

 

4)                                                                                                            Consumer Complaint No.73 of 2020

                                                                   Dated of Institution : 20.10.2020

 

5)                                                                                                            Consumer Complaint No.74 of 2020

                                                                   Dated of Institution : 20.10.2020

 

6)                                                                                                            Consumer Complaint No.75 of 2020

                                                                   Dated of Institution : 20.10.2020

 

7)                                                                                                            Consumer Complaint No.76 of 2020

                                                                   Dated of Institution : 20.10.2020

 

8)                                                                                                            Consumer Complaint No.77 of 2020

                                                                   Dated of Institution : 20.10.2020

 

9)                                                                                                            Consumer Complaint No.78 of 2020

                                                                   Dated of Institution : 20.10.2020

 

10)                                                                                                          Consumer Complaint No.79 of 2020

                                                                   Dated of Institution : 20.10.2020

 

                                                                   Date of Decision : 03.12.2020

Yuvraj Sehgal, aged 31, H.No.30, Preet Nagar, Fatehgarh Sahib, Punjab, 140407

                                                                             …. Complainant

                                                Versus

Brand Factory(FLFL), through its Store Manager,

Address: Cosmo Plaza, NH-22, Zirakpur, District Mohali- 140603

                                                                                                …Opposite party

Complaint under Consumer Protection Act

 

Quorum:     Shri Sanjiv Dutt Sharma, President

                   Shri Inderjit, Member

 

Present:       None for the complainant.

 

Order dictated by :- Shri Sanjiv Dutt Sharma, President and Shri Inderjit, Member

ORDER

                   The present order of ours will dispose of the above mentioned 10 complaints filed under Consumer Protection Act, by the complainant ( hereinafter referred as 'CC' for short) against the Opposite Party ( hereinafter referred as 'OP' for short). It is pertinent to mention here that the CC has filed a number of complaints against the same OP. Since, the CC and the OP are the same in all the complaints and the point in controversy is also to be same, the complaints are therefore considered jointly.  We have tried to verify the address of the CC, in the similar connected cases, which appears to be false and frivolous. Even the father name is not given in the address of the CC. Today neither the CC nor his advocate is present.

2.                It is pertinent to mention here that such types of cases are filed in bulk to extract money from the OPs. It is also noticed that as and when generally summons are issued to the OPs and the OPs are served, the matter is compromised outside the Commission and a huge amount is taken by the CC in lieu of compromise. It is also brought to our notice that some people including some agents are doing business out of it. They purchase online small - small items in bulk and file cases like this in various Benches in Tricity and even in adjoining districts. This practice is going on for the last many years, which has put huge financial burden on the Commissions since Commissions have to spend a huge amount of the money to purchase postal stamps which are wasted on these types of cases. Moreover, this Commission is not able to concentrate on other serious cases because of the pendency of these types of cases. In this case, the CC has sought refund of a very small amount of GST, which is allegedly charged by the OP.

 3.               We have also perused the bills. The bills are not carrying the name of the CC anywhere. In this case the CC had the option to return the article if he was not satisfied with the value of the same. We feel that intentionally small-small things are purchased in bulk to invoke the jurisdiction of the Consumer Commission and misuse it. This is definitely a case of misuse of process of law. In this regard, we are equipped with the decision of Hon'ble National Consumer Disputes Redressal Commission in case titled as Bajee Govindan Vs. P.Santhosh Kumar decided on 18.04.2019. It appears that the CC, who has filed the complaints, is trying to make a business out of process of law.

4.                Therefore, we are of the opinion that the dispute in question is definitely not a Consumer Dispute. Rather the CC is trying to do business by misusing the process of law. The complaints are accordingly dismissed and are not proceeded further. No order as to costs. However, the CC is warned to refrain himself from these types of activities, failing which the matter will be reported to the concerned police authorities for registration of case against the CC as well as the agents. Free certified copies be sent to the complainant through peon of this Commission if correct address of the complainant is available. The files be consigned to the record room.

Announced:

December 03, 2020

                                                                                       (Sanjiv Dutt Sharma)

                                                                                      President

 

 

                                                                                      (Inderjit)

                                                                                      Member