Delhi

North East

CC/175/2023

Pradeep Verma - Complainant(s)

Versus

Infinite Intelligence - Opp.Party(s)

19 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 175/23

 

 

In the matter of:

 

	Sh. Pradeep Verma S/o Lt.  Sh. Munshi Lal Verma R/o H. No. 5/31, St. No.3, Sadatpur, Karawal Nagar, Delhi-110094	Complainant
	Versus
	Infinite Intelligence G 7, Industry House, AB Road, New Palasia Indore MP 4520001	Opposite Party

 

DATE OF INSTITUTION  JUDGMENT RESERVED ON:    DATE OF ORDER:

11.07.23 05.09.24 19.09.24

 

CORAM:

Surinder Kumar Sharma, President

Ms. Adarsh Nain, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The facts of the case as revealed from the record are that Complainant invested Rs. 1,31,000/- in Infinite intelligence for using ALGO SOFTWARE  for the purpose of trading online. The Complainant has transferred Rs. 31,000/- to Opposite Party company by way of bank account of ICICI Bank in December 2022 and transferred Rs. 1,00,000/- to Opposite Party in three instalments by a cyber cafe at Seelampur Delhi. Thereafter Opposite Party issued first invoice having no. PB 1001 dated 03.01.23 of Rs. 1,20,000/- and Complainant raised objection on this invoice on saying that particulars are not correct, the Opposite Party company issued another invoice bearing no. PB 1125 of Rs. 1,31,000/- dated 01.01.23.  The Complainant stated that the service provided by the Opposite Party is not satisfied, transparent, free and fair and thereafter the Complainant has made complaint to the concerned officer of Opposite Party in this respect then office take strict action against 3 employees namely Mr. Akash Pandey, Arjun Patel, Piyush Aggarwal and Opposite Party concluded to refund Rs. 30,000/- to the Complainant in demat account so Complainant can start work again with proper service but Complainant received only Rs. 25,000/- instead of Rs. 30,000/-. The Opposite Party company mentioned to Complainant through the executives or concerned officer that trading through the Algo software is going in loss, though it was mentioned by the Opposite Party company to the Complainant safest way of trading.  The Complainant stated that in light of above mentioned facts and circumstances,  Complainant has no more confidence/believe on the service of the Opposite Party company, and Opposite Party company has cheated to the Complainant through the business plan. Hence, this shows deficiency in service on behalf of Opposite Party. The Complainant has prayed to return the invested money of Rs. 1,31,000/- with interest  5% per month and Rs. 1,00,000/- towards compensation.
2. None has appeared on behalf of Opposite Party to contest the case despite service of notice. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 04.10.23.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments and Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The case of the Complainant is that he has invested an amount of Rs. 1,31,000/- with the Opposite Party. He has invested the said amount for the purpose of trading online. From the perusal the complaint and evidence filed by the Complainant, it is revealed that the Complainant had invested an amount of Rs. 1,31,000/- for the purpose of online trading. It is not his case that he has invested this amount for the purpose of earning his livelihood. Therefore, the Complainant is not a consumer within the definition of Consumer Protection Act, 2019. Therefore, the complaint is not maintainable and the complaint is dismissed.
5. Order announced on 19.09.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Adarsh Nain)           Member

(Surinder Kumar Sharma) President