BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.583 of 2019
Date of Instt. 09.12.2019
Date of Decision:22.12.2020
Ashwani chonkria aged about 45 years son of Late Shri B. R. Chonkria resident of House No.BX-1296/27, LambaPind, Guru Ravidass Road, Jalandhar-144009.
..........Complainant
Versus
1. M/s Ventura Securities Ltd., Corporate Office:1- Think Techno Campus, “B” Wing, 8th Floor, Lodha I- Think Techno, Campus, Pokhran Road No.2, Off. Eastern Express Highway, Thane (West)-400607, Maharashtra.
2. M/s Ventura Securities Ltd., S.C.O. No.40/41, 1st Floor, Sector 9- D, Above Silver Haze, Chandigarh-160009.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Sh. S. K. Bhanot, Adv. Counsel for the Complainant.
OPsexparte.
Order
Kuljit Singh(President)
1. The instant complaint has been filed by the complainant, wherein alleged that the complainant is doing computer job work in New Courts Complex, Jalandhar at Chamber No.320-D, under the name and style of M/s Jaskaran Computer Typing. That in the month of August 2018, the complainant received a telephonic call from the OP No.2 and the person talking from opposite side took the complainant in confidence and convinced him to open a Demat Account with the OPs. That accordingly, as discussed with the person talking from OPs side namely Mr. Kaushal Chaudhary and another person namely Mr.Vishal came from Chandigarh to the complainant’s office at Jalandhar on 03.09.2018 and got his signatures on the file for opening of demat account and demanded a sum of Rs.11,800/- which was paid by the complainant vide account payee cheque in favour of the company of the OPs which was said to be refundable. The said cheque was duly encashed by the OPs. Copy of bank statement of the complainant is Ex.C3. Later on, the OPs opened a Demat account bearing Login ID No.90056940 on 12.09.2018 on the name of the complainant. That thereafter the complainant received an email dated 12.09.2018 from the OPs in which the complainant was informed regarding activation of his demat account client code and login ID to be used in the future correspondence with OPs. That further the complainant received an email message dated 03.12.2018 indicating total value of funds and security available with the OPs reflecting financial status of the complainant with the OPs, whereas the complainant had already given a sum of Rs.11,800/- to the OPs and the same was not reflected in this statement which shows the malafide intention of the OPs. That when the complainant wanted to operate his said Demat account the complainant was told by the representative of the OPs some hidden conditions and charges which were never explained to the complainant before opening of the said demat account, as such, the complainant could not start the working with the OP. Those terms were totally different than that of earlier explained to the complainant, as discussed over long-long telephonic talks with the officials (Mr.Mishra, Mr.Kaushal Chaudhary, Ms. Komal Rajbhar) of the OPs over their mobile number from time to time. Therefore, the complainant requested the OPs to refund the amount already deposited with them i.e. Rs.11,800/- alongwithupto date interest because the complainant has never availed any of the services of the OPs as per their records also. The OPs succeeded in receiving the said amount from the complainant by giving false allurement, misrepresentations by the officials of the OPs from time to time, thereby cheated and defrauded the complainant. That the complainant has requested vide email dated 15.12.2018 to refund the above said amount of Rs.11,800/-alongwithupto date interest, but the OPs did not respond to the email request. The complainant waited for six months but no reply was received from the OPs. Then on 13.06.2019 the complainant reminded the OPs vide second reminder for making payment, but instead of making the payment to the complainant the OPs showed their real face by replying vide email dated 14.06.2019 that this amount is refundable to the extent to brokerage generated for software access charges, whichever is less during the opted plan period which were never told/explained to the complainant at the time of receiving the said cheque amount otherwise the complainant should have never opened demat account with the OPs. Thus, this change in service conditions after receiving the payment as mentioned above amounts to deficiency in service and unfair trade practice on the part of the OPs. Copy of the email dated 15.12.2018 is Ex.C6 and reminder dated 13.06.2019 is Ex.C7 and reply by the OPs dated 14.06.2019 is Ex.C8. The complainant wanted to work with the OPs as he felt that they are professional company, but their attitude and conduct is not upto the mark and caused mental tension, agony and physical harassment to the complainant to the tune of Rs.30,000/- and the complainant is also entitled to claim interest on the said amount @ 24% per annum from the date of making the payment till the actual realization of the same. The complainant suffered physically, mentally and financially by the acts and conduct of the OPs because the said acts amounts to unfair trade practice and are clear cut deficiency in service on the part of the OPs and thereafter complainant got issued a legal notice dated 12.07.2019, but all in vain and as such, the present complaint filed with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay the amount of Rs.11,800/- alongwith interest @ 24% per annum from the date of payment till tis actual realization to the complainant and further directed to pay a sum of Rs.30,000/- for mental tension, agony, harassment, negligence and deficiency in service to the complainant and further directed to pay a sum of Rs.11,000/- as cost of litigation to the complainant.
2. Notice of the complaint was given to the OPs, but despite service OPs miserably failed to appear and ultimately, OPs were proceeded against exparte.
3. In order to prove his respective version, counsel for the complainant produced on the file his respective documents.
4. We have heard the argument from learned counsel for the complainant andgone through the case fileas well as written arguments filed by complainant, very minutely.
5. The case of the complainant is only that in the month of August, 2018 the complainant received a call from the OP No.2 regarding opening of Demat Account. As per assurance given by the OP No.2, complainant opened Demat Account after paying Rs.11,800/- through cheque to the OPs, which was said to be refundable and after that the OPs was duly encashed the cheque, copy of the bank statement is Ex.C-3. Further the complainant received an email message dated 03.12.2018 indicating total value of funds and security available with the OPs reflecting financial status of the complainant with the OPs, whereas the complainant had already given a sum of Rs.11,800/- to the OPs and the same was not reflected in this statement which shows the malafide intention of the OPs and then complainant wanted to operate his said demat account, the complainant was told by the representative of the OPs some hidden conditions and charges which were never explained to the complainant before opening of the said demat account, as such, the complainant could not start the working with the OPs. Therefore, the complainant requested the OPs to refund the amount already deposited with them i.e. Rs.11,800/-, but the OPs failed to refund the same and as such, the complainant suffered physically, mentally and financially by the acts and conduct of the OPs.
6. After considering the case of the complainant, one thing is clear that the OPs succeeded in receiving the said amount from the complainant by giving false allurement, misrepresentations by the officials of the OPs from time to time, thereby cheated and defrauded the complainant. One question is arise why the representatives of the OPs not explained all the conditions and charges to the complainant prior to opening demat account and also the OPs did not bother to appear in the Forum to contest the case. So, one thing is clear that the complainant is cheated and defrauded by the OPs and accordingly, we find that the version of the complainant, which is un-rebutted and un-challenged is required to bee accepted and accordingly, hold that the complainant is entitled for the relief claimed.
7. In the light of above detailed discussion, the complaint of the complainant is partly accepted and OPs are directed to refund the amount of Rs.11,800/- to the complainant with interest @ 6% per annum from the date of payment, till realization and further OPs are directed to pay compensation and litigation expenses to the complainant for causing mental tension and harassment, to the tune of Rs.5000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna KuljitSingh
22.12.2020 Member President
