Haryana

Ambala

CC/2/2021

Pardeep Batra Adv - Complainant(s)

Versus

Delhi Press Samachar Patra Ltd - Opp.Party(s)

Pardeep Batra

01 Feb 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                       Complaint case no.         :     02 of 2021

                                                                       Date of Institution           :     01.01.2021

                                                                       Date of decision              :     01.02.2022.

         

Pardeep Batra, Advocate, aged about 53 years son of Late Shri Gian Chand Batr resident of House No.375, Sector-1, Jail Land, Ambala City.

                                                                             ……. Complainant.

                                      Versus

 

1.       Delhi Press Samachar Patra Ltd., through its Managing Director

          (i) Rakesh Nath (MD) Delhi Press Samachar Patr Limited, Site No.4, Industrial Area, Sahibabad (UP).

          (ii) Mr. Parvesh Nath (MD) Delhi Press Samachar Patra Limited, E-3, Jhandewala, New Delhi-110055.

                                                                              ….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Complainant in person.

None for the OP No.1.

OP No.2 proceeded against ex parte vide order dated 28.09.2021.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund the total sum of Rs.16,050/- (Rs.8,650/-, deposited on 01.01.2006, Rs.3,700/- deposited on 01.09.1999, vide receipt No.8815 and Rs.3,700/-, deposited on 01.09.2019, vide receipt No.11668.
2. To pay Rs.3,00,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay the aforesaid amount alongwith prevalent rate of interest.
4. To pay the litigation costs.

                       

2.                Brief facts of the case are that the complainant booked two Magazines Grishobha and Sarita, published and distributed by the OP and deposited Life Membership Subscription vide draft No.277120, which was duly received by the OP vide receipt No.8815 dated 18.08.1999. The above said magazines were booked from Ambala City, residential address  of the complainant and OP issued a subscription No.DO1441 and since then complainant received the said magazines regularly upto December 2019. As per the demand of the OP, complainant also deposited enhance amount of subscription, without any delay. After the month of December 2019, OP stopped sending the said magazines without giving any intimation and did not attend the telephonic call of the complainant. After waiting for sufficient time, complainant served a legal notice dated 18.05.2020, upon the OP. Vide reply dated 02.06.2020, the customer relation officer of Delhi Press Samachar Patra Pvt. Ltd., Sahibabad intimated the complainant that as per the order of the NCLT in petition CP No.97/ND/2016, the business to supply magazines had been acquired by Mr. Parvesh Nath, (MD), Delhi Press Samachar Patra Limited, E-3, Jhandewala i.e OP No.2. In continuation of the previous legal notice dated 18.05.2020, complainant served a legal notice dated 16.06.2020, upon the OP No.2. Complainant received a letter from Sanjay Aggarwal, Advocate of Delhi High Court on behalf of OP No.2, vide which he demanded the copy of the legal notice dated 18.05.2020. Complainant sent the copy of the legal notice dated 18.05.2020, the photocopy of the letter dated 02.06.2020, received from Delhi Press Samachar Patra Pvt. Ltd., and the undated letter received from the OP No.1. However, the OPs neither returned the subscription amount nor restored the supply of the said magazines. Hence, the present complaint.

3.                Upon notice, OP No.1 appeared through authorized representative and filed written version raised preliminary objections with regard to maintainability, jurisdiction, bad for mis-joinder & non-joinder of necessary parties etc. On merits, it is stated that Delhi Press Patra Prakashan Private Limited and Delhi Press Samachar patra Private Limited, were working under the group of companies commonly known by the name of Delhi Press, for the last several years prior to August, 2017. In the year 2016, one of the directors Shri Parvesh Nath filed a company petition No.97/ND/2016, before the company Law Board and finally the matter was resolved by the NCLT. As per the settlement the Delhi Press Patra Prakashan Private Limited was liable to supply the magazines to the concerned subscribers and or to make the refund of the subscription fee. Thereafter, Shri Parvesh Nath, the managing director of Delhi Press Prakashan Pvt. Ltd. started making the delivery of the magazines to the subscribers against the subscription deposits in accordance with its obligations. This fact is also admitted by the complainant that he had received the magazines upto December, 2019. As such, answering OP is not liable to pay any amount to the complainant. Rest of the averments of the complainant were denied by OP no.1 and prayed for dismissal of the present complaint.

4.                Upon notice, none appeared on behalf of the OP No.2, before this Commission, therefore, it was proceeded against ex-parte vide order dated 28.09.2021.

5.                Complainant tendered his affidavit as Annexure CA along with documents Annexure C-1 to C-21 and closed the evidence. Authorized representative for the OP No.1 has made a statement that written version of OP No.1 be read as evidence of OP No.1 and closed the evidence of OP No.1.  

6.                We have heard the complainant and have also gone through the record very carefully.

7.                Complainant has contended that he had taken the life membership subscription from the OPs, for the magazines in question, for which he paid Rs.16,050/-. OPs supplied the said magazines upto December 2019 and thereafter, neither supplied the magazines nor refunded the amount. He also served legal notice dated 18.05.2020 and dated 16.06.2020, upon the OPs, but they did not bother, either to supply magazines or to refund the amount. In the written version filed by Shri Rakesh Nath (MD) Delhi Press Samachar Patra Limited i.e. OP No.1, it is stated that Delhi Press Patra Prakashan Private Limited and Delhi Press Samachar Patra Private Limited, were working under the group of companies, known by the name of Delhi Press, for the last several years, prior to August, 2017. In the year 2016, one of the directors, Shri Parvesh Nath filed a petition bearing No.97/ND/2016, before the company Law Board and finally the matter was resolved by the Hon’ble NCLT. As per the settlement the Delhi Press Patra Prakashan Private Limited was to supply the magazines to the concerned subscribers or to make the refund of the subscription fee. Shri Parvesh Nath, the managing director of Delhi Press Prakashan Pvt. Ltd. i.e OP No.2 started making the delivery of the magazines to the subscribers. This fact has also been admitted by the complainant that he received the magazines upto December, 2019, as such, answering OP is not liable to pay any amount to the complainant.

8.                From the perusal of Subscription slips Annexure C-1 to C-4, it is evident that complainant had taken the subscription from the Delhi Press Samachar Patra PTE Limited, for the magazines, Grishobha & Sarita. In the letter dated 01.11.2011, Annexure C-5, it is mentioned that “you are a member of refundable deposit scheme. As per the scheme, your deposit is refundable on a six months notice by either side. This is not a life-membership. However, you shall continue to get magazines regularly until deposit is refunded. The amount of deposit is based on the cover price of magazines. In case there is a revision in the prices, the amount of deposit scheme will also be revised”. It is an admitted fact that the subscription amount from the complainant was received by the Delhi Press Samachar Patra Limited and at that time Shri Rakesh Nath and Shri Parvesh Nath were the MDs of the said company. The contention of the complainant that after December 2019, OPs neither supplied him the magazines nor refunded the subscription amount has not been rebutted by the OPs.  It may be stated here that to substantiate its stand no document has been placed on record by the OP No.1 and thus the bald assertion of the OP No.1, cannot be considered. Taking all the facts and circumstances of the case into consideration, we are of the view that OPs are jointly and severally liable to refund the subscription amount of Rs. 16,050/-, to the complainant, alongwith interest. They are also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation expenses.

9.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-

                   1)      To refund the amount of Rs.16,050/-, to the complainant                                     alongwith interest @ 4% per annum, from the date of filing                         of the complaint i.e 01.01.2021, till its realisation.

                   2)      To pay Rs.3,000/-, as compensation for the mental agony and                     physical harassment suffered by the complainant.

                   3)      To pay Rs.2,000/-, as litigation expenses.

 

                   The OPs are further directed to comply with the aforesaid directions jointly and severally, within the period of 45 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 01.02.2022.

 

 

          (Vinod Kumar Sharma)            (Ruby Sharma)     (Neena Sandhu)

              Member                                  Member             President