BEFORE THE DISTRICT FORUM (UNDER CONSUMER PROTECTION ACT, 1986) SANGAREDDY, MEDAK DISTRICT.
Present: Sri P.V.Subrahmanayma, B.A.B.L., PRESIDENT
Smt U.Sunita, M.A., Lady Member
Sri Mekala Narsimha Reddy, M.A.,LL.B.,
P.G.D.C.P.L. Male Member
Thursday, the 2nd day of July, 2009
CC.No.42 OF 2008
Between:
Manohar Reddy S/o Narayan Reddy,
Aged about 60 years, Occ: Rtd. Employee,
R/o H.No. 24-125, Flat No. 101, Srinilayam,
Kakatiyanagar, Road No. 4, Ramchandrapuram (V&M),
Medak District.
….. Complainant
And
1. Quest Net India Enterprises Pvt. Ltd.,
Having its Regd. Office at Chennai
And Branch Office at # 7, Surya Towers, S.P. Road,
Secunderabad, Rep. byits Managing Director
Smt. Pushpam Appla Naidu.
2. Smt. Pushpam Appala Naidu
W/o not known to the Complaint,
Managing Director, Quest India Enterprises Pvt.
Ltd., Chennai, and Branch Office at #7, Surya Towers,
S.P. Road, Secunderabad.
….Opposite parties
This case came up for final hearing before us on 23.06.2009 in presence of Sri. J. Ram Reddy, advocate for complainant, the opposite party No. 1 and 2 being called absent, upon hearing arguments of the complainant, on perusing the record and having stood over for consideration till this day, this forum delivered the following:
O R D E R
(Per Sri. P.V. Subrahmanyam, President)
This complaint is filed Under Section 12 of Consumer Protection Act, 1986 to direct the opposite parties to pay Rs. 57,000/- along with Rs. 2,00,000/- towards damages and mental agony.
The averments in the complaint in brief are as follows:
1. The complainant retired from service in the Revenue department in the year 2006. During July, 2006 when he went to the collectorate at Sangareddy some persons introduced themselves as representatives of Opposite party No. 1 company and at that time they were associated with some persons by names Smt. Rama who introduced herself as one of the representatives of opposite party No. 1, Dr. Smt. Kavitha of Sangareddy and Smt. Akasaveni, a social worker of Thodelgudam village of Sangareddy Mandal. There were canvassing to promote the business of opposite party No. 1. They have introduced a scheme “QUEST NET” stating that if a person becomes a member of Quest Net by paying Rs.32,700/-, which includes shipping, handling, cooli, cartage and vat, he will get a gold coin in the first instance and thereafter every week he will get amounts through the company in the shape of cheques. In four months the member gets Rs.11,500/-, three months thereafter he gets Rs. 11,500/-, two months thereafter he gets Rs.11,500/-, one month thereafter he gets another Rs. 11,500/- and seven days thereafter he gets gift voucher. Thus he gets a total amount of Rs. 57,500/- in 11 months and thereafter he gets regular income every month. By saying so the representatives of the company convinced the complainant and stated that a member shall introduce two other members and make them pay Rs.32,700/- and also introduced two other persons and make them pay Rs.32,700/- each. On such promises, with great difficulty, the complainant paid Rs. 32,700/- on 19.07.2006 under a receipt with a found hope of getting sum income in the retirement period which would be help full in the retired life. The complainant visited the branch office of the opposite parties at Secunderabad several times and requested them to send money as promised. The company’s representatives informed him that he will get the amount soon from the head office at Chennai and he also gets gold coin as promised. But the complainant did not get any money, except the gold coin and all the promises proved to be false. On 21.05.2008 when the complainant went to the office of opposite party No. 1 along with another member by name K. Vijay Kumar he enquired as to why amounts were not being sent as promised, to there surprise he found the office closed. neighbors informed him that the opposite parties cheated so many persons like the complainant. Opposite party No. 2, with dishonest intention, to cheat the public for her personal gain, introduced the scheme and made several innocent persons like the complainant pay Rs.32,700/- each and thus cheated them. News papers also published the same. The complainant coming to no of the cheating has suffered mental agony and became sick. The complainant therefore claims Rs.57,000/- being the amount he would have got and Rs.2,00,000/- towards damages and mental agony. Hence the complaint.
2. Notices on opposite parties No. 1 and 2 were severed through substituted service, by way of publication in Andhra Jyothi Telugu Daily News paper, Hyderabad edition. Opposite parties No. 1 and 2 have not turned up either to admit or to deny the claim.
3. Complainant’s evidence affidavit filed and Ex. A1 and A2 are marked. There after written arguments of the complainant are filed and oral argument of his counsel are heard. Perused the record.
4. The point for consideration is whether the complainant has proved any deficiency in service on the part of opposite parties and whether he is entitled to the amounts claimed in the complaint?
Point:
5. The case of the complainant is that he has paid an amount of Rs.32,700/- to opposite party No. 1 and became a member in their scheme, believing the words of their representatives that he gets Rs. 11,500/- within four months and an equal amount, three months there after and another Rs11,500/- two months there after and an equal amount one month there after and in that way he gets a total amount of Rs.57,500/- in eleven months and there after he gets regular income every month. It is the further case of the complainant that he has not received any amount from opposite party No. 1 as promised and their office at Secunderabad was abruptly closed and on enquire the complainant came to know that opposite party No. 2, who is the managing director of opposite party No. 1, through her representatives cheated several innocent persons like the complainant by collecting Rs. 32,700/- from each of them; hence this complaint to direct the opposite parties to pay the amount of Rs. 57,500/- which he would have got had the opposite parties paid and he also prays to grant an amount of Rs.2,00,000/- towards damages and mental agony.
6. In order to prove the case, two documents marked on behalf of the complainant which are receipt and invoice. Ex. A1 shows that Rs.32,700/ was received from the complainant on 19.07.2006. It contains a signature and an initial, whose names cannot be deciphered. Ex. A1 does not show on what account the said amount was received from the complainant by the QUESTNET Enterprises India Pvt Limited. Ex.A2 is an invoice dt. 20.07.2006 through which four items were dispatched for a total amount of Rs. 32,200/- including Vat, Shipping, Handling, cooli and cartage charges. The complainant admitted in his complaint that he has received a gold coin from opposite party No. 1 as promised. In Ex. A2 the first item is mentioned as 3.11 gms Gold medallion – Prophetic Machine wroth Rs. 28,500/- . Ex. A2 further shows that along with the above gold coin three silver medals were also sent. The complainant has not stated in his complaint about receipt of any such silver medals.
7. In support of the contentions of the complainant that the representatives of the opposite parties promised him that he would receive Rs. 11,500/- within four months after he joined as member and like wise he gets Rs. 11,500/ four times there after thus a total amount of Rs. 57,500/-, he has not produced any evidence to prove any of the alleged promises. In the absence of any proof in support of such contentions, the complainant cannot succeed. It is therefore held that the complainant failed to prove that the representatives of the opposite parties promised him that he would get amounts periodically @ Rs. 11,500/- each time to receive a total amount of Rs. 57,500/-.Even otherwise when the case of the complainant is that the opposite parties cheated him, this forum cannot exercise jurisdiction under the Consumer Protection Act to try such a case. The complainant has to approach appropriate court of law for redress . Thus the complainant is not entitled to any relief much less for the directions to the opposite parties to pay him the amounts claimed in the complainant. The point is answered against the complainant.
8. In the result the complaint is dismissed. No costs.
Typed to dictation, corrected and pronounced by us in the open forum this 2nd day of July, 2009.
Sd/- Sd/- Sd/-
PRESIDENT LADY MEMBER MALE MEMBER
APPENDIX OF EVIDENCE
Witness examined
For the complainant : For the opposite parties:
-Nil- -Nil-
DOCUMENTS MARKED
For the complainant : For the opposite parties:
Ex.A1/dt.19.07.2006 -Receipt -Nil-
Ex.A2/dt. 20.07.2006 - Invoice
Sd/-
PRESIDENT
Copy to:
1. The complainant
2. The opposite parties
3. Spare copy Copy delivered to the complainant/
opposite parties On .________
Dis. No. /2009, dt. . .2009
