Punjab

Fatehgarh Sahib

CC/62/2020

Lakhwinder kaur - Complainant(s)

Versus

its cash card Ltd and other - Opp.Party(s)

shri mohit verma

28 Oct 2021

ORDER

 

THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

FATHGARH  SAHIB.

                                                              Complaint Case No: 62 of 2020

       Date of Institution: 13.10.2020

      Date of Decision: 28.10.2021

Lakhwinder Kaur aged about 54 years wife of Rajinder Singh C/o Bajwa Pesticides, Opposite Grain Market, Khamanon, Tehsil Khamanon, District Fatehgarh Sahib.

 

                                                                          ...........Complainant

Vs.

1. Itz Cash Card Ltd. having its office at Cabin No.19 & 20, Top Floor, Ranjan Plaza, Ambala Chandigarh Highway Road, Opposite  Big Bazar, Zirakpur-140603 through its Chairman/MD/Authorized Signatory.
2.   Ebix Cash, having its office at SCO No.827-828, First Floor, Sector 22-A, Chandigarh-160022 through its Chairman/MD/Authorized  Signatory.

 

                                                                  .............Opposite Parties

 

Complaint Under Section 35 of Consumer Protection Act 2019.

 

Quorum

Sh.Pushvinder  Singh, President

Ms.Shivani Bhargava, Member

 Sh.Manjit Singh Bhinder, Member

   

Present: Sh. Mohit Verma, Advocate, counsel for the    complainant.

         Opposite Parties  Ex-parte

ORDER

By Pushvinder  Singh, President

 

                      The present complaint was filed under Consumer Protection Act, by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as “OPs” for short) Under Section 35 of the Consumer Protection Act 2019. The brief facts of the complaint are as under:-

  2.                  In the complaint, Lakhwinder Kaur, CC stated that CC/her husband is running the shop in the name and style of Bajwa Pesticide, Opposite Grain Market,  Khamanon, District Fatehgarh Sahib.  The OPs  are running the business of sale of swipe machines and the OPs approached the  CC through  their   employees namely Sanjeev Kumar and Vikram   regarding  the sale of swipe machines and as per the oral deal the CC deposited the amount of Rs.4,48,500/- on 25.01.2017 through NRTGS in the account of the OP no.1 ITZ CASH CARD Ltd from her  account bearing  A/c No.7557000100005572 of Punjab National Bank, Branch Khamanon. Inspite of various  requests, the OPs did not provide even a single swipe machine to the CC, for which the CC suffered huge  and irreparable loss which cannot be compensated in any  terms, later on. Thereafter, the OPs showed their inability of providing the swipe machine to the CC and accordingly, the OPs  agreed to return  the above said amount of Rs.4,48,000/- alongwith interest @ 9% Per annum from the date of payment to the CC.  As per their assurance, the OPs deposited Rs.48,000/- on 23.10.2018, Rs.49,000/- on 25.10.2018 and Rs.20,230/- on 26.10.2018/- and amount of Rs.242/- has been debited from the account of the CC. Thus, the OPs deposited the amount of Rs.1,17,000/- in the account of the CC.  The OPs  have been using the amount of Rs.4,48,500/- and have been using the same since 25.10.2017 and due to the said reason the CC is entitled to interest @12 PA on the said amount since 25.01.2017. The CC visited the OPs so many times and demanded the refund of remaining amount with interest but the OPs refused to do so.  The CC through her counsel also sent the Legal notice demanding the above said amount through email service on 29.1.2020 and the same was duly received by the OPs and the same has been also endorsed with separate written representation by the OPs on 29.1.2020 itself.  Inspite of service of the same, the OPs neither gave any reply to the same nor deposited the amount in the account of the CC, which   amounts to deficiency in service on the part of the OPs. Hence , this complaint is for  giving  directions to the OPs to pay Rs.3,31,500/-  as due towards the OPs along with interest Rs.94,185/- as interest @ 12% PA on Rs.4,48,500/- from 25.1.2017 till 25.10.2018 and Rs.76,245 as interest @ 12% PA on  Rs.3,31,500/- from 25.10.2018 till 25.09.2020 and further interest @ 12% PA on  Rs.3,31,500/- during the pendency of present complaint till realization and Rs.1,00,000/- as damages.

3.                          Notice  of this complaint was sent to OPs but they choose not to appear to contest this complaint. Hence, they were proceeded against Ex-Parte.

4.                          The CC in support of his complaint tendered in evidence his affidavit Ex.CW-1/A along with  documents Ex.C1 to Ex.C5.

5.                  We have heard learned counsel for the complainant and have also gone through the record.

6.                          The CC has filed the present complaint and also furnished the  affidavit deposing that she/her husband  is running  the shop in the name and style of Bajwa Pesticide Opposite Grain Market,  Khamanon, District Fatehgarh Sahib. In the month of January 2017,  OP. no.1 approached the  CC through for the purpose of sale of swipe machines  as the OPs are running  the businesses of sale of swipe machines.  There was a oral deal regarding 100 swipe Machines., regarding which the CC deposited the amount of Rs.4,48,500/- on 25.01.2017 through NRTGS in the account of the OP no.1 ITZ CASH CARD Ltd from her  account bearing  A/c No.7557000100005572 of Punjab National Bank, Branch Khamanon. Inspite of various  requests, the OPs did not provide even a single swipe machine to the CC and for which, the CC suffered huge  loss. Thereafter, the OPs showed their inability of providing the swipe machine to the CC and accordingly, the OPs  agreed to return  the above said amount of Rs.4,48,000/- alongwith interest @ 9% Per annum from the date of payment to the CC.  As per their assurance, the OPs deposited Rs.48,000/- on 23.10.2018, Rs.49,000/- on 25.10.2018 and Rs.20,230/- on 26.10.2018/- and amount of Rs.242/- has been debited from the account of the CC and in this way OPs has deposited the amount of Rs.1,17,000/- in the account of the CC and the amount of Rs.3,31,500/-  remained due towards the OPs and accordingly the OPs indulge unfair trade practice and provide the deficient service to the CC. The CC is also claimed interest @ 12% P.A on the amount which remained due towards the Ops along with  damages of Rs.1,00,000/- . The CC alongwith her affidavit (EX.CW1/A) also proved the copy of statement of the account  Ex.C1 being maintained by her and has also proved the copy of legal notice as Ex.C2 and has also proved the messages given by the OPs online as Ex.C3 and Ex.C4. She further proved the copy of further statement of account  as Ex.C5. The evidence produced by the CC is unrebutted on the file and we find no ground to discard the same and from the evidence produced by the CC it is clear  from the statement of account Ex.C1 that the amount was paid by the CC, which was transferred in  the account of the OPs and copy of the statement of account Ex.C5 also shows that  withdrawal of Rs.4,48,500/- from the account of the CC on 25.01.2017 and the Ops transferred an amount of Rs.48,000/- on 23.10.20218 and an amount of Rs.49,000/- on dated 25.10.2018 and an amount of Rs.20230/- on dated 26.10.2018 in the account of CC. No other amount was returned by the OPs.  The CC also issued a Legal notice to above said OPs demanding the remaining amount but inspite  receiving the Legal Notice the OPs did not  returned  the money  to the CC nor gave any reply to the notice.

7.             In all these circumstance, we have come to the conclusion that the CC is entitled to recover the remaining amount of Rs. Rs.3,31,500/-   from the OPs. The Ops used the money  of the CC, as such the CC is also  entitled  to recover interest from the OPs on the amount of Rs.3,31,500/- and reasonable rate of interest is 6% P.A. The OPs paid amount of Rs.20,230/- on  26.10.2918 lastly  and thereafter they did not return the remaining amount , as such the CC is entitled to recover the interest w.e.f 26.10.2018 at the rate of 6% P.A till the date of payment. The CC is also entitled to recover  the damages for harassment and the cost towards the litigation expenses as Rs.25000/- . Accordingly the Complaint is allowed and an award is passed against the OPs in favour of CC. The OPs are directed to pay a sum of Rs.3,31,500/- to the complainant alongwith simple interest @ 6% P.A w.e.f 26.10.2018 till the date of realization. The OPs are also directed to pay a sum of Rs.25,000/-  as compensation  towards the damages and litigation expenses within  30 days from the date of receipt of free certified copy of the order. The liability of OPs shall be joint and several. Compliance of this order be made by OPs within thirty days from the date of receipt of free certified copy of the order, failing which  the CC shall be entitled to recover the said amount  by filing Execution.   Free certified copy of the order be supplied to the complainant and copy be sent to the OPs through registered post as per rules.  File be indexed and consigned to record room.

 

Announced

October 28, 2021

                                                                (Pushvinder Singh)

                                                                President

                                                       

   (Shivani Bhargava)

                                                                                     Member

 

                                                                     (Manjit Singh Bhinder)

Member