DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 860/2018
D.No._____________________ Dated: ________________
IN THE MATTER OF:
Mrs. VARISHA W/o SH. JAFRUDDIN,
R/o H. No.- 5, VILL.-CHHARODA,
TEHSIL TAURU,
DISTRICT NUH-122105. … COMPLAINANT
Versus
M/s ICEBERG FOODS LTD.,
THROUGH ITS DIRECTOR,
UNIT No.1081, 10th FLOOR,
AGGARWAL MILLENIUM TOWER-II,
NETAJI SUBHASH PLACE,
NEW DELHI-110034. … OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 11.12.2018
Date of decision: 18.03.2020
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant is a poor innocent villager lady who having been motivated by the slogan of ‘Women Empowerment’, decided to do something to earn livelihood for herself and for her family by putting in some money out of her hard earned savings of her
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family. The complainant further alleged that one of the representative/sales manager of OP namely Sh. Hemant Yadav approached the complainant in the month of March-2017 and informed her about a scheme of agency of OP company under which the complainant would be allowed to sell products of OP company and upon sale of such products the complainant would be paid commission and the condition for such an arrangement was that the complainant will have to pay an advance money of Rs.2,75,000/- to OP company and as such the complainant was convinced to subscribe to sell the products of OP company for her self-employment for the purpose of earning livelihood for herself. Thereafter, as per requirement of OP company the complainant paid the advance money Rs.2,75,000/- to OP company into the account no. 50262987120 with Allahabad Bank, Branch-Daryaganj, Delhi by online transfer from her saving account no.82732200000807 with Syndicate Bank, Branch-Chharora vide NEFT vide Ref. No. NEFT P17032332436664 on 23.03.2017 for the aforesaid purpose and the banker of the complainant also charged a sum of Rs.29/- towards NEFT service charges and accordingly her aforesaid saving account was debited Rs.2,75,000/- on 23.03.2017 towards advance money paid to OP and Rs.29/- towards NEFT service charges respectively. After making payment of the aforesaid money when the complainant approached OP through the above named representative to release the lot of goods,
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he confirmed that the advance money paid by the complainant was received by OP company, however, he further informed her that first she will have to execute an agreement with the company and the company will directly send her two sets of agreements and after signing the same she will have to return one original agreement to the company and only thereafter the company will release the lot of products to her and the complainant waited for the agreement for one month and when the agreement was not received the complainant contacted OP company through its representative, however, the complainant was informed that he had resigned from the services of the company and he advised the complainant to directly contact OP company and accordingly the complainant visited OP’s office and requested to execute the agreement and release the products or else refund her advance money. The complainant further alleged that OP has neither released the products nor has refunded the money of the complainant paid by her to OP company and illegally enjoying her money for last more than 20 months and OP company after taking advance money from the complainant has not released the lot of its products to her as committed by OP and as such OP has committed deficiency in service and despite having received the advance money Rs.2,75,000/- from the complainant and OP has not executed the agency agreement and has misappropriated her money which amounts to unfair trade practice. The complainant further alleged
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that the complainant sent legal notice to OP company calling upon to execute the required agreement and release the products to the complainant or else refund her advance money of Rs.2,75,000/- with OP company and despite having received the legal notice OP has not bothered to respond to the said notice which clearly establish that OP company has no intention to release its products to the complainant nor refund her hard earned money.
2. On these allegations the complainant has filed the complaint praying for direction to OP to refund the money of Rs.2,75,000/- alongwith interest @ 18% from the date of payment i.e. 23.03.2017 till the date of refund as well as compensation of Rs.50,000/- for causing harassment, mental agony etc. and has also sought Rs.10,000/- as cost of litigation.
3. Notice to OP was issued through speed post for appearance on 12.03.2019 and OP has been served on 04.02.2019 as per dasti proof of service and the complainant also filed affidavit of service of notice on OP. But none for OP appeared on 12.03.2019, 13.05.2019 & 28.05.2019 and as such OP was proceeded ex-parte vide order dated 28.05.2019.
4. In order to prove her case, the complainant filed her affidavit in evidence and also filed written arguments. The complainant also placed on record copy of her aadhar card & voter ID card, copy of Company Master Data, copy of detailed information of OP company as manufacturer & supplier of Mineral Water, Juices & Soft Drinks
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from Jhajjar, Haryana obtained through Google, copy of her statement of bank account in Syndicate Bank showing debit of Rs.2,75,000/- & Rs.29/- through NEFT and NEFT charges respectively, copy of letter dated nil sent by the complainant to OP regarding NEFT transaction of Rs.2,75,000/- in the account of OP and confirmation of same by Sh. Hemant Yadav, Sales Manager of OP and copy of legal notice dated 20.11.2018 sent by the complainant through her Counsel to OP by speed post alongwith postal receipt.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that OP has no defence in its favour as OP has failed to prove any document in support of the case and has failed to appear before the Forum despite receiving notice of this case. It shows that OP has no defence at all in its favour. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
6. Accordingly, OP is directed as under:
i) To pay to the complainant an amount of Rs.2,75,000/- being the amount paid by the complainant to OP company through NEFT transfer on 23.03.2017.
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ii) To pay to the complainant an amount of Rs.50,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.8,000/- towards cost of litigation.
7. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 18th day of March, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY: SATYENDRA JEET
