Punjab

Patiala

CC/17/324

Sukhpal Singh - Complainant(s)

Versus

M/s Sukhmani Enterprises - Opp.Party(s)

Sh. Paramvir Singh

05 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

 

Consumer Complaint No.324 of 24/08/2017 Decided on: 05/09/2019

 

Sukhpal Singh son of Jagjeet Singh Resident of Village Noor Kherian, District Patiala.

                                                                          ….Complainant

 

                           Versus

 

1. M/s Sukhmani Enterprises, Village Baran, Patiala through its Partner Happy.

2. Harjinder Singh Partner M/S Sukhmani Enterprises Village Baran Patiala.

3. Makhan Singh Partner M/s Sukhmani Enterprises, Village Baran, Patiala resident of village Hardaspur, Tehsil and District Patiala.

                                                                              ….Opposite parties

 

Complaint U/S 11 to 14 of the Consumer Protection Act.

 

QUORUM

 

Smt. Inderjeet Kaur, Member

Sh. B. S. Dhaliwal, Member

 

ARGUED BY:

 

Sh. Paramvir Singh Adv. counsel for the complainant.

Opposite parties No.1 to 3 ex-parte.

 

ORDER

 

B. S. DHALIWAL, MEMBER

 

1. This complaint is filed by Sukhpal Singh (here-in-after referred as complainant) u/s 12 of the Consumer Protection Act 1986 (here-in-after referred as Act) against M/s Sukhmani Enterprises & another (here-in-after referred as opposite parties).

2. Briefly the case of the complainant is that OP's floated easy Installment Scheme on Home Appliance & General Items under name & Style Sukhmani Enterprises having its registered office at village Baran, Patiala. The firm was registered with Registrar of Firms, Punjab. The OPs informed the complainant that in this scheme, there will be 3100 members and the scheme will be completed in 20 months. Every member had to pay Rs.1200/- per month as membership fees and then there will be draw taken out every month uptill 15^th day of the month and the member will be given gift every month as per the scheduled given in the booklet.

3. It is pleaded that Ops induced the complainant to become the member of the scheme and further induced the complainant that he will be given gift in one of the draw. On the inducement and assurance given by OPs, the complainant became the member of the scheme Sukhmani Enterprises and has been allotted Token No.0855 by OPs.

4. It is further pleaded that the complaint being the member of Sukhmani Enterprises started depositing Rs.1200/- per month with OPs firm from 3/3/2015 till 28/10/2016 and in all deposited a total amount of Rs.24000/-, but no gift was awarded to the complainant in any of the draw though the complainant deposited the entire amount of Rs.24000/- for twenty installments.

5. It is also alleged that after completing the payment of entire installments, the complainant requested OPs to make the payment of the gift for the amount invested by him but OPs played delaying tactics. OPs have not given any gift as mentioned in the booklet to the complainant, which shows that OPs No.1, 2 & 3 are indulged in mal-practices. Due to this, the complainant has suffered a lot of harassment and mental agony and OPs No.1, 2 & 3 have also committed deficiency in service.

6. It is further alleged that complainant got issued a legal notice through his counsel to OPs through registered post dt.09/03/2017 but the OPs did not give any attention.

7. On these background of the facts, the complainant has filed this complaint with the prayer that complaint may kindly be allowed and for direction to the OPs to refund whole amount of Rs.24000/- along with interest and the OPs be further directed to pay Rs.50,000/- as compensation for causing mental torture, agony and harassment to the complainant.

8. Notice was given to the OPs. None appeared, as such they were proceeded against ex-parte.

9. Ld. Counsel for the complainant provided opportunity to adduce evidence.

10. In support of the case of the complainant, the ld. Counsel for the complainant tendered in to evidence Ex.CA sworn affidavit of the complainant along with documents Ex.C-1 copy of booklet, Ex.C-2 to Ex.C-9 receipts, Ex.C-10 copy of legal notice, Ex.C-11 to Ex.C-13 postal receipts and closed the evidence.

11. We have carefully perused the complaint, gone through the evidence produced on file and heard the arguments addressed by the ld. Counsel for the complainant.

12. It is an admitted fact that OPs have floated a scheme known as Easy Installment Scheme on Home Appliances & General Items in the name of Sukhmani Enterprises which was registered vide No.4131 by the office of Registrar of Firms & Societies, Punjab, Chandigarh which fact is corroborated from booklet/ Brochure Ex.C-1. Ex.C-1 further establish that complainant was admitted as Member of Scheme and allotted him NO.0855. The further perusal of Brochure (Ex.C-1) reveals that every Member has to pay Rs.1200/- PM in 20 installments. It is also stated in the Brochure that there will be in all 3100 Members and number of gifts/ prizes will be 3720. Minute perusal of Ex.C-1 also reveals that OPs have projected attractive prizes to be given to its Members such as LED Videocon 32”, LG Washing Machines, Bullet Enfield, LG Fridge 190 lt., Alto Car, Hero Splendor, Honda Activa, Swift car etc. etc.. Special offers were given to Members who would deposit their installments on or before the 10^th of every months. From the scrutiny of chart of deposited installments by the complainant (Ex.C-1 2nd last page of Brochure) it is evidently clear that the complainant has deposited all the 20 installments for which receipts were also issued by the OPs, Out of which 8 are Ex.C-2 to Ex.C-9. After the completion of scheme the complainant approached the OPs to provide him a gift/ prize or refund of the amount of Rs.24000/- deposited by him. When the OPs did not acceed to the request of the complainant, Legal notice Ex.C-10 was issued in this contest but again the OPs remained mum i.e. neither refund the amount nor sent any reply.

13. The averments made in the complaint are supported by documents. Undoubtedly it is establish that the OPs launched the scheme in question by projecting big prizes/ gifts only to allure the public to become its member. The complainant become victim of the allurement and paid Rs.24000/- anticipating to get a gift prize out of 3720 as declared by OPs under their scheme. The act and conduct of OPs render deficient service and they have also indulged in unfair trade practice. At this stage it will not be prudent to order to provide any of the prize as enshrined in the brochure Ex.C-1 and to meet the end of justice it would be suffice to order the refund of deposited money.

14. The whole purpose of pleadings is to give fair notice to each party of which the opponent's case is and to ascertain with precision the point(s) on which the parties agree and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made there are deemed to have been admitted. No amount of proof can substitute pleadings, which are the foundation of the claim of the parties. The opposite party did not appear before this Forum despite service and presumption of service was raised and it was proceeded against ex-parte. Thus, the evidence adduced by the complainant remains unrebutted. In view of this all the averments made in the complaint are deemed to have been admitted by the opposite party and no adverse inference is to be drawn against it. More over the contention of the complainant are supported by sworn affidavit and there is no reason to dis-believe them.

15. Thus allowing the complaint, we direct the OPs No.1, 2 & 3 as under:-

i) To pay Rs.24,000/- as refund of the deposited money to the complainant along with interest @ 9 % per annum from the date of filling of the complaint till realization.

ii) To pay another sum of Rs.8000/- as compensation inclusive the cost of causing harassment, mental torture including litigation expenses.

iii) OPs are also directed to pay Rs.5000/- as punitive measure which shall be deposited in the Army, Army welfare Fund Battle Casualities as per the details of bank account given below:

Fund Name : Army Welfare Fund Battle Casualities

Branch Name : Syndicate Bank

Branch Code : 9055

IFSC Code : SYNB0009055

Account No. : 90552010165915

16. OPs will comply with the aforesaid order within 45 days from the date of receipt of the certified copies of the order. The liability of the OPs No.1, 2 & 3 shall be joint and several.

17. The complaint could not be decided in the stipulated period due to heavy pendency of cases.

18. Certified copy of this order be sent to the parties free of costs under the rules. Thereafter file be indexed and consigned.

 

PRONOUNCED

DATED: 05/09/2019

 

 

                                          B. S. DHALIWAL                         INDERJEET KAUR

                                                    MEMBER                                  MEMBER