Haryana

Karnal

CC/159/2023

Rajan - Complainant(s)

Versus

E-Store India - Opp.Party(s)

Ravi Chauhan

23 Aug 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 159 of 2023

                                                        Date of instt. 13.03.2023

                                                        Date of Decision:23.08.2023

 

Rajan son of Shri Jasbir Singh, resident of village Daniyalpur Tehsil and District, Karnal. Age 21 years.

 

                                               …….Complainant.

                                              Versus

 

1.     E-Store India, Head Office-plot no.C-3 and 4, sector -6, Noida (UP) through its Chief Managing Director Dr. Faizan Khan.

 

2.     Axis E-Corp Solution Inside plot no.C-3 and 4, Sector-6, Noida (UP) through its Managing Director Dr. Mukesh Tyagi & Dr. Faizan Khan.

 

3.     Vedic Ayurcure/Ayurcure Inside plot no.C-3 & 4, Sector-6, Noida (UP) through its Director

        i.      Dr. Faizan Khan.

        ii.     Dr. Mukesh Tyagi.

 

4.     Acradia Super Market Pvt. Ltd. (partner of E-store India), Head office-plot no.C-3 and 4, Sector-6, Noida (UP), through its CEO/Director/MD.

               

…..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary….Member

          

 Argued by: Shri Ravi Chauhan, counsel for the complainant.

                    Opposite parties exparte.

 

                    (Vineet Kaushik, member)

ORDER:                  

                The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that OPs allured complainant and on the allurement and false assurance of OPs. In the year 2021, the complainant invested in 2 IDs i.e. Rs.9000/- each ID i.e.Rs.9000x2=Rs.18,000/- with OPs, vide main ID no.EL19495345 besides this complainant also invested in 1 ID on the allurement of the OPs, so in this way complainant purchased total 2 IDs. OPs also assured the complainant that OPs will provide 37% less on grocery items which will purchased by complainant. The OPs also assured that OPs will pay Rs.825/- per month per ID (Board Rent per ID) i.e. Rs.825/-x2ID=1650/- per month for 36 months. Only for some time, OPs paid only one commission from OP no.3 to the complainant but not paid the board rent to the complainant and after sometime the OPs stopped to pay the said amount without any reason. Thereafter, complainant many times contacted to the OPs and requested to pay the said amount regularly as per promise and also requested to settle the account with the complainant but OPs always postponing the matter on one pretext or the other. By not paying the said amount by OPs, complainant has suffered a mentally, financial and physical harassment. Due to said act and conduct of OPs, complainant has suffered a huge financial loss. Now OPs refused to pay the claim amount. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Complainant filed the present complaint seeking direction to OPs to pay the amount of Rs. 2IDs i.e. Rs.825/- each per month (i.e. Rs.1650/-x36 months=Rs.59,400/-) and Rs.18,000/- invested amount or to settle the account and further the OPs may directed to pay Rs.1,00,000/- on account of harassment and deficiency ins service.

2.             On notice, OPs did not appear and opted to be proceeded against exparte, vide order dated 21.04.2023 of the Commission.

3.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of legal notice Ex.C1, postal receipt Ex.C2, copy of front page of bank passbook Ex.C3, copy of statement of account C4,  E-store Plan Ex.C5, copy of Aadhar card  Ex.C6, whatsapp screenshot of MD ExC7, whatsapp screen shot of Kohinoor Ex.C8, whatsapp screen shot of CMD Ex.C9, postal receipt Ex.C10 and closed the evidence on 09.06.2023 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file.

5.             It is evident from broacher of OPs Ex.C5 that the OPs assured the complainant to pay Rs.825/- per month for 36 months per ID. It is evident from the account statement Ex.C4 of complainant, OPs paid the amount of Rs.2156/ only for one time. It is also evident from the legal notice Ex.C1 and its postal receipts Ex.C2, that despite issuance of legal notice to the OPs, they did not pay the remaining amount.

6.             To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte, thus the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. Thus, in view of the above, the act of the OPs amounts to deficiency in service and unfair trade practice.

7.             Since, it is proved on record that the complainant had paid an amount of Rs.18,000/- to the OPs in the year 2021 and OPs has paid an amount of Rs.2156/-only. The complainant invested the said amount only in the year 2021 and has claimed Rs.1650x36 months i.e. Rs.59,400/- and Rs.18,000/- (invested amount). The year of investment is 2021, three years have not been completed on the investment and complainant has filed the present complaint on 13.03.2023, thus, the complainant is not entitled for an amount of Rs.59,400/-. However, it would be justified, if the complainant is to be paid Rs.18,000/- (invested amount) alongwith interest after deducting the amount already paid by the OPs to the complainant.

8.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to pay Rs.18,000/- after deducting the amount, already paid by the OPs to the complainant with interest @ 9% per annum from the date of deposition till its realization. We further direct the OPs to pay Rs.5,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.2200/- for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:23.08.2023

                                                                       

                                                        President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

       

                (Vineet Kaushik)        (Dr. Rekha Chaudhary)      

                      Member                        Member