Chandigarh

DF-I

CC/640/2022

RAVI KUMAR - Complainant(s)

Versus

NEERAJ MAHAJAN - Opp.Party(s)

23 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	CC/640/2022
Date of Institution	:	22.06.2022
Date of Decision	:	23.01.2024

 

                     

            

 

Ravi Kumar s/o Jagat Ram r/o H.No.1022, Sector 35-B, Chandigarh

                 ...  Complainant

Versus

 

1.  Neeraj Mahajan s/o Sadhu Ram, R/o 1510/13, Deep Complex, Hallo Majra, Chandigarh

 

2.  M/s QNET Ltd. c/o M/s Vihaan Direct Selling India Private Ltd., Raj Bhawan RD, Vasant Nagar, Bangaluru.

 

…. Opposite Parties

 

BEFORE:
	SHRI PAWANJIT SINGH,	PRESIDENT
	SMT.SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER
Present:-
	Sh.Navneet Jindal, Advocate for complainant.   Sh.Anirudh Gupta, Advocate for OPs.

   

Per Suresh Kumar Sardana, Member

1.     Briefly stated, the complainant was contacted by OP No.1 telephonically and through zoom meeting several times, primarily for the commission based business, whose modus operandi as told was just through selling products-ecommerce called B2C Type Business and by showing a million potential outcomes, to wrap up the thinking skills of the persons. The best amount suggested for investment was Rs.10.00 lakhs, which was revised to Rs.6.00 lakhs as last amount. It has further been alleged that the product was sold in the name of the complainant’s father Sh.Jagat Ram. The complainant was told that the QNET in India is operating through Vihaan India Direct Selling Pvt. Ltd. The complainant took loan of Rs.6.00 lakhs from Punjab and Sind Bank and transferred Rs.4.00 lakhs in the account of OP NO.1 on 18.12.2021. Subsequently, he deposited another amount of Rs.2.00 lakhs in the account of OP No.1 on 19.12.2021.  It has further been averred that the biggest fraud was made in the form of breach of trust by OP No.1 by selecting the product from Global level and concealing the facts of 7 days refund period for global purchase. The purchase of products was made by OP NO.1 at his own level and no information was provided to the complainant. The buyback period was shown to be 30 days and the same was also received from OP No.2 through e-mail and laid in the policy and procedure of the company under Clause 4.08. However, the receipt was provided to the complainant for Rs.5.53 lakhs instead of Rs.6.00 lakhs. Subsequently, the complainant came to understand the activities performed by the OPs are not fair in nature as serious irregularities have already been reported by the Department of Consumer Affairs against the Company.  On enquiry, the complainant was diverted from raising any query and to remain focused on the learned part.  It has further been averred that OP No.1 told the complainant to join his family members to get multiples of 4-5 crores for each new signup. However, being dissatisfied with the process and product, the complainant sought refund of the money as per 30 days buy back clause, but the same was rejected by OP No.2 on the ground that the period for refund was 7 days for global purchases.  It has further been averred that refund period of 7 days for the international purchases was never been told to the complainant. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to refund the deposited amount along with interest, compensation for mental agony and physical harassment as well as litigation expenses.

2]      The OPs No.1 & 2 in their written statement took various preliminary objections inter alia that the complaint is not maintainable; the complaint has been filed by concealment of material & true facts; the complaint is bad for non-joinder and mis-joinder of necessary parties and that the complainant has not entered into any agreement with answering OPs, instead, his father has entered into agreement with answering OPs.  

         It has been stated that after a detailed discussion about the products i.e. QVI CLUB GOLD CLUB MEMBERSHIP, TRIPSAVR ADVANCE & VTUBE 12 MONTHS SUBSCRIPTION, the complainant agreed to purchase the same and also consented to the product purchase through email declaration. After his prior approval through email, the products were purchased. It has further been stated that the complainant was so eager to purchase the products and start the business, for which he agreed to take Personal Loan. It has further been stated that the complainant read all the documents fully before signing them using Adobe Fill & Sign application and sent the same to the company mail ID himself directly. It has further been stated that since the complainant is a government employee, the product was sold in the name of the complainant's father, Sh.Jagat Ram, because he was unable to do the same in his own name. The complainant was told that the QNET in India is operating through Vihaan India Direct Selling Pvt. Ltd. It has further been stated that the complainant, not being aware about the procedure to buy the products, since it was a new portal to him, requested OP No.1 to purchase on his behalf. It has further been stated that the complainant was very well aware that since he is purchasing the products from Qnet World Estore, the refund policy is only for 7 days and not of 30 days. The complainant was aware of the policies of the OP's. The OPs had a meeting with the complainant on 21.12.2021 in which there was a detailed discussion about the nature of the business, model of business, compensation plan, refund policy, details about the Company, its worldwide presence and affiliations. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the complaint.

3]       Parties led evidence in support of their contentions.

4]       We have heard the ld.Counsel for the contesting parties and have gone through the documents on record including written arguments.

 

5]       From the through perusal of the record as well as pleadings of the parties, it is observed that the complainant has bought the given software for use by his father and transferred the money i.e. Rs.6 lacs from his personal account in the account of the OP No.1.  It is also clear that the complainant being unsatisfied and uncertain about the utility of said purchase and without availing any service through the software purchased and without using it even for once, decided to go for buy-back option and as such, requested the OP No.1 for the refund for his amount, as per the 30 days period of buy back option so provided in the document Ann.P-5 which clearly stipulates 30-day money back gurantee for all purchased products. Therefore, the OPs refusal for refund of amount as requested by the complainant well within the stipulated period, is held to be totally unjustified & unwarranted, therefore, the deficiency in service and malpractice is clearly made out against OPs, who were instrumental in motivating the complainant to buy the product in question.

 

6]       Taking into consideration the above discussion and findings, we are of the opinion that deficiency in service on the part of the OPs is made out.  Therefore, the present complaint is partly allowed.

7]        In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund an amount of Rs.6 lacs to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint onwards.
2. to pay an amount of Rs.30,000/- to the complainant as compensation for causing mental agony and harassment to her.
3. to pay Rs.10,000/- to the complainant as costs of litigation.

 

8]        This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.

9]        Pending miscellaneous application, if any, also stands disposed of.

10]       Certified copies of this order be sent to the parties free of charge. The file be consigned.

        

Announced 23.01.2024			Sd/- [Pawanjit Singh] President
Ls
			Sd/-
			[Surjeet Kaur] Member
			Sd/-
			[Suresh Kumar Sardana] Member