BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.369 of 2021

      Date of Instt. 27.10.2021

      Date of Decision: 08.02.2023

Sukhpal Singh Chahal age about 57 years, Aadhar No.595107931399 S/o Tejpal Singh, resident of H. No.722, Urban Estate, Phase-I, Wadala, Jalandhar.

..........Complainant

Versus

1.       Future Maker Life Care Private Limited, DSB-45, SCO 188 Red       Square Market Hisar Haryana 125001 through its Managing        Director.

2.       Bansi Lal DSB-45, SCO 188 Red Square Market Hisar Haryana        125001

3.       Radhe Shyam DSB-45, SCO 188 Red Square Market Hisar     Haryana 125001

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Sh. Jaswant Singh Dhillon       (Member)                                

Present:       Sh. Sumit Kumar, Adv. Counsel for the Complainant.

                   OPs No.1 to 3 exparte.

Order

Jaswant Singh Dhillon (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the OP company had approached the complainant for using his Herbal, Ayurveda and Agro Products and the Respondents offer a Proposal accepted by the complainant for his personal use. For this respondent company Demanded an amount of Rs.2,21,000/- and 60,000/- respectively dated 01.03.2018 and 04.04.2018. After the depositing of initial amount respondent company send an Invoice No. 3401 Dated 06.03.2018 of Amount Rs 44,892.86/- and Invoice No.1243 Dated 18.04.2018 of amount Rs. 45,710.00/-. After depositing the initial amount to the respondent, respondent send an Invoice No.1954 Dated 07.05.2018 of Amount Rs. 45,690.40/- and Invoice No.1955 Dated 07.05.2018 of amount Rs.48,144.00/-. The respondent launched New Herbal Health Care product in the month of May and after the launch of New Herbal Health Care product respondent offered to the complainant for purchase and get better result in health and save monetary benefits on the purchase of New Herbal Health Care product which is amount of Rs.1,95,000/- before availing this offer complainant have to deposited dated 28.06.2018 and the amount Rs. 1,50,000/- as security for New Herbal Health Care product. The complainant deposited the same on 29.05.2018 and further placed order dated 28.06.2018. Respondent company again making an excuse that company will not deliver products due to huge demand and amount will be adjusted in his next order. After the policy of the company complainant deposited on 29.05.2018 Rs.15,000/- in respondent account and the respondent promised to sent the products. The complainant placed order in different dates and deposited the amount to the respondent company account Rs.3,84,000/- and respondent send an Invoice No.5703 Dated 13.07.2018 of Amount Rs.3,76,338.99/- and complainant received product only after said amount. After three months, above said delivery, complainant contacted with the respondent, the respondent said due to huge demand the delivery of product is due so they will deliver his products within next three or four month. The complainant again contacted to the respondent in the month of January 2019 then the respondent again said due to huge demand the delivery of product is due so we will deliver your products next three or four month. The complainant then again contacted to the respondent in month of may 2019 then the respondent again said due to huge demand and the shortage of product, the delivery of product is delayed so we will deliver your products next month and disconnect the complainant’s phone. The complainant contacted the respondent after the month of May, but the respondent had no response to any phone call. That in the month of December 2019 respondent suddenly pick the phone and again said due to huge demand of products, the delivery of product is due so we will deliver your products as soon as in next month and disconnected the complainant phone. The complainant again contact to the respondent in the month of February 2020 but again said we will send your balance product within two or three days then complainant relaxed after that complainant made regular calls and message for the rest of pending amount or products which is to be adjusted but respondent company never response back any single call or message. The complainant deposited total Amount Rs.10,25,000.86/ and the respondent send the products 55% of the total amount i.e. Rs.560775.86. The amount is pending in the respondent account i.e. Rs.4,64,225/-is due till date towards the respondent company i.e. Future Maker Life Care Private Limited, Hisar. After making regular calls to the respondent company they pick up the last call and said to the complainant that the complainant owe us nothing. The entire amount you paid has been adjusted to your account nothing is left before and after saying this they disconnected his call and never picked my calls in future. The complainant is requesting the respondent to pay back the Security Amount, balance from deposited amounts, but till now nothing has been done, which shows the unfair trade practice of OPs and they are harassing the complainant unnecessarily and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the amount of Rs.4,64,225/- to the complainant with interest @ 18% per annum from the date of deposit first security amount. Further, OPs be directed to pay a compensation of Rs.50,000/- for causing mental tension and harassment to the complainant and Rs.15,000/- as litigation expenses and to withdraw the misleading advertisement of sale and to issue corrective advertisement/declaration so as to neutralize the effect of misleading advertisement/declaration.

2.                Notice of the complaint was sent to OP through ordinary process as well as publication, but none has appeared on behalf of the OPs and ultimately OPs were proceeded against exparte.

3.                In order to prove his case, the complainant alongwith his counsel tendered into evidence his affidavit Ex.CA alongwith some documents Ex.C-1 to Ex.C-8 and closed the evidence.

4.                We have heard the Ld. Counsel for the complainant and have also gone through the case file very minutely.

5.                In nutshell the case of the complainant is that the OP company had approached the complainant for using his Herbal, Ayurved and Agro products and for this the OP demanded an amount of Rs.2,21,000/- and Rs.60,000/- respectively on 01.03.2018 and 04.04.2018 and the same was paid by the complainant. After depositing the same the OP sent an invoice No.3401 dated 06.03.2018 of amount of Rs.44,892/- and invoice No.1243 dated 18.04.2018 of amount of Rs.45,710/-, which is evident from Ex.C-2 and Ex.C-3 and further the OP sent an invoice No.1954 dated 07.05.2018 of amount Rs.45,690.40/- and invoice No.1955 dated 07.05.2018 of amount of Rs.48,144/-, which is evident from Ex.C-4 and Ex.C-5. Thereafter, the OP launched new herbal health care product in the month of May and the OP offered to the complainant for purchase of the same, which was amounting to Rs.1,95,000/- and before availing this offer the complainant has to deposit the amount Rs.1,50,000/- as security for new herbal health care product and the complainant deposited the same on 29.05.2018 and placed an order on 28.06.2018, but the OP company made an excuse that company will not deliver products due to huge demand and amount will be adjusted in the next order. On 29.05.2018 the complainant had deposited Rs.15,000/- in OPs account.

6.                As stated above, the complainant had deposited Rs.2,21,000/- on 01.03.2018. Then Rs.60,000/- on 04.04.2018, Rs.15,000/- on 29.05.2018 and Rs.1,95,000/- on 28.06.2018, Rs.15,000 on 10.08.2018, whereas stated by the complainant that he has deposited Rs.1,50,000/- on 28.06.2018 and Rs.3,84,000/- on 01.03.2018. The proof of these two entries (Rs.1,50,000 + Rs.3,84,000/-) is not available. So as per his bank record Ex.C-6 only Rs.5,06,000/- was deposited by the complainant, whereas he has received the products of Rs.44,892.86 vide invoice No.3401 dated 06.03.2018, product of Rs.45,710/- vide invoice no.1243 dated 18.04.2018, product of Rs.45,690.40 vide invoice no.1954 dated 07.05.2018, product of Rs.48,144/- vide invoice no.1955 dated 07.05.2018 and product of Rs.3,76,338.99 vide invoice no.5703 dated 13.07.2018. Total products of Rs.5,60,776.25 has been received by complainant against his payment of Rs.5,06,000/-. That means he received, products of Rs.54,776.25 in excess. So, there is no outstanding amount of complainant against OP and as such, the complainant is not entitled for the relief and thus, the complaint of the complainant is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.

7.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                             Jaswant Singh Dhillon                    Dr. Harveen Bhardwaj     

08.02.2023                    Member                                President