COMPLAINT FILED: 29-06-2009 <br /> DISPOSED ON: 16-04-2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 16TH APRIL 2010<br /> <br /> PRESENT :-SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1543/2009<br /> <br /> COMPLAINANTS <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 1.Sathyanarayan Singh,<br /> S/o. Gopal Singh,<br /> Aged about 21 Years,No.08,<br /> 4th Cross, Shankarnagar,<br /> Near Mahalakshmi Layout,<br /> Bangalore-86.<br /> <br /> 2. Ravi.B S/o. Boraiah,<br /> Aged about 30 Years,<br /> No.387, 3rd Main, 2nd Cross,<br /> Kamalanagar, <br /> Bangalore-79.<br /> <br /> 3. Raju S/o. Channamugappa,<br /> Aged about 34Years,<br /> No.877, 15th Main Road,<br /> 1st Cross, 4th Block,<br /> Nandini Layout,<br /> Bangalore -560096.<br /> <br /> 4.Balaji Singh.A S/o.Achal Singh<br /> Aged about 50 Years, <br /> C/o.Ashok Singh.R,<br /> No.321, 1st Floor, 10th Main Road,<br /> 4th Cross, Nandini Layout,<br /> 4th Block, <br /> Bangalore-560096.<br /> <br /> Advocate: Sri.R.V.Ramesh Kumar<br /> <br /> V/s.<br /> OPPOSITE PARTIES<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 1.Gold Quest International Pvt.Ltd<br /> Branch Office: No.30/2, 2nd Floor,<br /> R.K.Plaza, CMH Road,<br /> Indira Nagar, Bangalore.<br /> Represented by its <br /> Branch Manager.<br /> <br /> 2.Gold Quest International Pvt.Ltd<br /> Reg.& HeadOffice:<br /> The Rain Tree Place,<br /> 9th Floor, B Wing, <br /> #7, MV Nichols Road,<br /> Chetpet, Chennai – 600 066.<br /> Represented by its<br /> Regional Manager.<br /> <br /> 3.Gold Quest International Pvt Ltd<br /> Smt.Pushpam Appalanaidu<br /> Managing Director,<br /> Quest Net India, <br /> The Rain Tree Place,<br /> #7, MV Nichols Road,<br /> Chetpet, Chennai – 600 066.<br /> <br /> <br /> <br /> O R D E R<br /> <br /> SMT. M. YASHODHAMMA, MEMBER <br /> <br /> <br /> This is the complaint filed u/s. 12 of the C.P. Act of 1986 by the complainant seeking direction against Opposite Parties 1 to 3 (herein after called as OP) to refund the deposit amount as per documents 1 to 8 along with interest at 12% p.a. from the date of deposit and to direct the concerned authorities to initiate action against the OPs for the unfair trade practice. <br /> <br /> <br /> <br /> <br /> The case of the complainant to be stated in brief is that:-<br /> <br /> 2. Complainant 1 to 4 having similar and common grievances relief claimed are similar in nature and OPs being the same have filed this common complaint against the OPs.<br /> <br /> 3. Complainants are the customers of the OPs policy. As per the policy the customers should register their names through internet giving details with payment of Rs.500/- to OPs. Thereafter details of the customers would be registered in the list, thereby issuing ID number to each customer. After receiving the ID number customer have right to purchase the products manufactured by OP. Persuant to placing the orders OP’s would order the products and members are supposed to pay unit amount to the OP’s address by way of DD. Within 90 days of accepting the order OP would deliver the respective products. <br /> <br /> 4. Complainants registered their names in the OP’s policy as a customer under ID No:NF:409286, NF417734, NF393473 and NF 406514 thereby deposited a sum of Rs.500/- each towards registration. The copies of the Registration forms are produced as documents No.1 to 4. Complainant No.1 to 4 placed the orders for the products such as Indian Revolutionaries Medallions set worth about Rs.32,290/-and paid Rs.32,290/- as per the receipt dated 31-01-2008, Dr.Rajkumar Gold and Silver Medallions worth about Rs.32,200/- and paid Rs.32,200/- as per receipt dated 13-02-2008 Dr.Rajkumar Gold and Silver Medallions and paid Rs.32,200/- vide receipt dated 18-01-2008 and 60th year of independency gold and silver medallions worth about Rs.32,290 and paid Rs.32,290/- as per receipt dated 29-01-2008 respectively. The products were supposed to be delivered within 90 days from the date of placing the order. Copies of the respective purchase orders are produced by the complainants. OP’s having claimed to be the reputed company with the credit of ISO 9001:2000 thereby inducing complainant to invest their hard earned money in the OP’s chain scheme. Lured away with the colourful publicity and false representation complainants and thousands of other members invested considerable sum amounting to crores. OP’s have misused, cheated and deceived complainants and public for their personal gains. The copy of the certificate of compliance and advertisements clips are produced.<br /> <br /> Inspite of repeated request OP’s failed to deliver the products ordered or to refund the amount. On 21-01-2008 though OP at Chennai and Bangalore assured to deliver the products to the complainants have failed to deliver the same even after a year. So, complainants approached Commissioner of Police, lodged the complaint, police has referred the case to the COD and matter is pending for investigation. Under these circumstances complainants felt deficiency in service on the part of the OP and approached this Forum for the necessary reliefs.<br /> <br /> 5. On admission and registration of the complainant notices are sent to OP 1 to 3. Inspite of information and paper notification OP 1, 2 and 3 remained absent without any sufficient reason or cause. Hence OP 1 to 3 are placed exparte.<br /> <br /> 6. In order to substantiate the complaint averments complainant No.1 Mr.Sathyanarayan singh filed his affidavit evidence on his own and also on behalf of complainants No.2 to 4, produced registration forms, purchase orders, certificate of compliance and advertisement clips; filed written arguments. Heard the arguments of the complainants OP’s did not participate in the proceedings. <br /> <br /> 7. The case of the complainants No.1 to 4 is that, they are the customers of the OP’s policy. As per the policy customers should register their names through internet giving personal details with payment of Rs.500/-to the OP’s as registration fees. The details of the customer’s would be registered in the cutomer’s list and ID number will be issued to each member. On receiving ID umbers the customers have got right to purchase (Orders) the products manufactured by the OPs. Persuant to placing the order OPs would order the products and customers (members) are supposed to pay unit amount (product) to the OPs address by way of DD. After receiving the DD the OPs would deliver the respective ordered product after accepting the order within 90 days of the order.<br /> <br /> 8. Complainants joined and registered their names in the OPs policy as a customer under ID No NF409286, NF417734, NF393473 and NF 40654 respectively and deposited. Registration fees of Rs.500/- each. The copies of the registration forms are produced. <br /> <br /> 9. Complainants placed orders for the products such as Indian Revolutionaries arise Medallions worth of Rs.32,290/- Dr.Raj Kumar and silver medallions worth about Rs.32,200/- Dr.Raj Kumar Gold and Silver Medallions worth of Rs.32,200/- and 60th years of Indian independence Gold and silver medallions worth of Rs.32,200/- and product were supposed to be delivered within 90 days from the date of placing the order. Copies of the purchase orders are produced. The complainant 1 to 4 invested their hard earned and huge money anxiously waiting for the delivery of the articles. OPs have misused and deceived the complainants and other several members for their personal gains. OPs having accepting the membership and investments made by the complainants 1 to 4 failed to supply/deliver the products as per the orders placed. Few articles delivered by the OPs to the earlier members were also of substandard, fake and not worth of the promise made. This act of the OPs amounts deficiency in service and unfair trade practice. The absence of the OPs leads us to draw an inference that OPs admits all the allegations made by the complainants in toto.<br /> <br /> 10. We have perused the complaint averments, affidavit evidence and documents produced. On the basis of the unchallenged affidavit evidence of the complainant supporting the complaint averments with documents it becomes clear that OPs 1 to 3 have failed to supply/deliver the products offered to be purchased by the complainants 1 to 4, inspite of receipt of payment within 90 days as promised. This act of the OPs amounts to deficiency in service and unfair trade practice on their part. We are satisfied that the complainants are able to prove the deficiency in service on the part of the OPs. Under these circumstances we are of the view that the complainants 1 to 4 are entitled for refund of the amount paid by them with 12 % interest and litigation cost of Rs.500/- each. Accordingly we proceed to pass the following:<br /> <br /> <br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainants is allowed. <br /> <br /> OP1 to 3 are directed jointly and severally to refund:<br /> <br /> a) To Complainant No.1 Mr.Sathyanarayan Singh Rs.32,290/-along with interest at 12% p.a. from February ‘2008 till realization and litigation cost of Rs.500/-.<br /> <br /> b) To Complainant No.2 Mr.Ravi .B, Rs.32,200/- along with interest at 12 % p.a. from March’ 2008 till realization and litigation cost of Rs.500/-.<br /> <br /> c) To Complainant No.3 Mr.Raju Rs.32,200 along with interest at 12 % p.a. from February’ 2008 till realization and litigation cost of Rs.500/¬-.<br /> <br /> d) Complainant No.4 Mr.Balaji Singh Rs.32,900/- along with interest at 12% p.a. from February’ 2008 till realization and litigation cost of Rs.500/-. <br /> <br /> This order is to be complied within four weeks from the date of its communication. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 16th day of April 2010.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> NRS<br /> ORDER PRONOUNCED IN THE OPEN FORUM<br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainants is allowed. <br /> <br /> OP1 to 3 are directed jointly and severally to refund:<br /> <br /> a) To Complainant No.1 Mr.Sathyanarayan Singh Rs.32,290/-along with interest at 12% p.a. from February ‘2008 till realization and litigation cost of Rs.500/-.<br /> <br /> b) To Complainant No.2 Mr.Ravi .B, Rs.32,200/- along with interest at 12 % p.a. from March’ 2008 till realization and litigation cost of Rs.500/-.<br /> <br /> c) To Complainant No.3 Mr.Raju Rs.32,200 along with interest at 12 % p.a. from February’ 2008 till realization and litigation cost of Rs.500/¬-.<br /> <br /> d) Complainant No.4 Mr.Balaji Singh Rs.32,900/- along with interest at 12% p.a. from February’ 2008 till realization and litigation cost of Rs.500/-. <br /> <br /> This order is to be complied within four weeks from the date of its communication. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br />