Punjab

Fatehgarh Sahib

CC/100/2020

Neharika Sehgal - Complainant(s)

Versus

Brand Factory - Opp.Party(s)

Sh Karamveer Singh

05 Nov 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB

1)                                                                                                            Consumer Complaint No.98 of 2020

                                                                   Dated of Institution : 23.10.2020

 

2)                                                                                                            Consumer Complaint No.99 of 2020

                                                                   Dated of Institution : 23.10.2020

 

3)                                                                                                            Consumer Complaint No.100 of 2020

                                                                   Dated of Institution : 23.10.2020

 

4)                                                                                                            Consumer Complaint No.101 of 2020

                                                                   Dated of Institution : 23.10.2020

 

5)                                                                                                            Consumer Complaint No.102 of 2020

                                                                   Dated of Institution : 23.10.2020

 

6)                                                                                                            Consumer Complaint No.103 of 2020

                                                                   Dated of Institution : 23.10.2020

 

7)                                                                                                            Consumer Complaint No.104 of 2020

                                                                   Dated of Institution : 23.10.2020

 

8)                                                                                                            Consumer Complaint No.105 of 2020

                                                                   Dated of Institution : 23.10.2020

 

9)                                                                                                            Consumer Complaint No.106 of 2020

                                                                   Dated of Institution : 23.10.2020

 

10)                                                                                                          Consumer Complaint No.107 of 2020

                                                                   Dated of Institution : 23.10.2020

 

11)                                                                                                          Consumer Complaint No.108 of 2020

                                                                   Dated of Institution : 23.10.2020

 

12)                                                                                                          Consumer Complaint No.109 of 2020

                                                                   Dated of Institution : 23.10.2020

 

13)                                                                                                          Consumer Complaint No.110 of 2020

                                                                   Dated of Institution : 23.10.2020

14)                                                                                                          Consumer Complaint No.111 of 2020

                                                                   Dated of Institution : 23.10.2020

 

15)                                                                                                          Consumer Complaint No.112 of 2020

                                                                   Dated of Institution : 23.10.2020

 

                                                                   Date of Decision : 05.11.2020

Neharika Sehgal, Aged 28, 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

ORDER

          These cases are taken up together, since parties are the same and the cause of action is also the same. We have perused the entire files minutely. This particular complainant has filed 15 complaints, wherein she has purchased different articles from the Opposite Party on 26.10.2018 & 27.10.2018. It is pertinent to mention here that the name of the complainant is not mentioned in the bills. Her family has also filed bulk of cases against the opposite parties which are also fixed for admission today. It is important to mention here that Consumer Protection Act, is meant for bonafide consumers, who approach the consumer Commission with clean hands. It is noticed that these types of cases are filed in various benches by some particular advocates, who are creating fictitious consumers having no proper address and not even Adhar Card to prove their address and regularly filed consumer complaints in Mohali, Panchkula, Fatehgarh Sahib, Ropar and even in Chandigarh bench of Consumer Commissions. It appears that these people are doing some business out of it. This practice was going on for the last many years which has put a huge financial loss to the Consumer Commissions, since in every case the Commission has to spend huge money on tickets to ensure the service of the OPs. It is also seen that whenever the OP is served the matter is compromised and a huge amount is being extracted by the complainant from the OP and then no further proceedings are done.

2.                 By filing such type of complaints in bulk clearly shows that the complainant has not approached this Commission with clean hands. Even  the lawyer in these cases is also the same. If the complainant was not satisfied with one transaction then she had the option to not to buy more articles from the same OP again and again even on the same date. This clearly shows that the complainant has approached this Commission with mala fide intention. 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 complaint, is trying to make a business out of process of law.

3.                It is pertinent to mention here that this Commission tried to verify the address of this particular complainant by sending a Class IV employee of this Commission to this particular area, who informed that there are no such house situated as mentioned in the address. Moreover, the complainant has intentionally not mentioned even her husband/father name. Further she has intentionally not put any proof of her address. In all these cases the purchases were done by the complainant on 26.10.2018 & 27.10.2018 repeatedly to grab money from the OPs.

4.                The complaint is not admitted since it appears to be malafide. Accordingly, the complaint is dismissed. However, no order as to costs.

5.                The complainant is warned to refrain herself from such type of activities, failing which this Commission will not hesitate to register a criminal case against her through Sr. Superintendent of Police, Fatehgarh Sahib.

Announced:

November 05,2020

                                                                                      (Sanjiv Dutt Sharma)

                                                                                      President

 

                                                                                      (Inderjit)

                                                                                       Member