Complaint filed on: 23-07-2016 Disposed on: 21-09-2017
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM
OLD DC OFFICE COMPOUND, TUMAKURU-572 101
CC.No.103/2016
DATED THIS THE 21st DAY OF SEPTEMBER 2017
PRESENT
SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT
SMT.GIRIJA, B.A., LADY MEMBER
Complainant: -
Channegowda
S/o. Gangadharaiah,
Aged about 40 years,
R/o. Kottigehalli Village,
Nellikere post,
Kibbanahalli hobli,
Tiptur taluk, Tumakuru district
(By Advocate Sri.Thimmaiah.M)
V/s
Opposite parties:-
1.Sree Basaveshwara Home
Appliances and Benefits Scheme
Reptd.by its
Marketing Manager,
Shivakumar Swamy,
S/o. Nijaguna Prakash,
Aged about 30 years,
R/o. Kottigehalli Village, Nellikere post, Kibbanahalli hobli, Tiptur Taluk, Tumakuru district
2.Sree Basaveshwara Home
Appliances and Benefits Scheme
Reptd.by its
Proprietor, Prafulla
S/o. Devaraju,
Aged about 27 years,
R/o. Ramadihalli village,
Dandinashivara hobli,
Turuvekere taluk,
Tumakuru district
(OP No.1 and 2 by Advocate Sri.N.C.Gangadhara Shastry)
ORDER
SMT.PRATHIBHA. R.K. PRESIDENT
This complaint is filed by the complainant against the OP No.1 and 2, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OPs to delivery of quality materials and damages of Rs.1,00,000=00 with interest @ 18% p.a. from the date opening of the benefit scheme by the complainant till realization, in the interest of justice and equity.
2. The brief facts of the complaint is as under.
The OPs are running benefit scheme under the name and style of “Sree Basaveshwara Home Appliances and benefit scheme” at Kottigehalli village, Tiptur taluk, Tumakuru district. The OPs have advertised the said scheme in the month of Feb. 2016 and the OP had approached the complainant and they expressed the benefits of the said scheme to the complainant. The complainant believed the OPs with regard to the said benefit scheme and also believed the assurance made by the OP. The complainant has become a member of the said scheme and he obtained five members for membership bearing no.2985, 2995, 5286, 5305 and 5695 respectively.
The complainant further submitted that, the OPs have started the said scheme on 27-2-2016 and closed the said scheme on 5-3-2016. The complainant has paid weekly installment of a sum of Rs.100=00 for 3, 6, 9, 11 and 12 weeks and a sum of Rs.200=00. Accordingly the complainant has paid all the 12 installments for a total amount of Rs.1700=00 for one chit and accordingly the complainant has paid 5 chit amount of Rs.8,500=00 for coupon no.2985, 2995, 5286, 5305 and 5695. At the time of paying the chit, the OPs have made entry in the said coupons by signing in the said coupons. But the OPs have not drawn any benefit in favour of the complainant and not delivered any items as shown in the coupon and also not paid any amount as per the said benefit scheme. Hence, the OPs went against to the said benefit scheme and they have played a fraud against the public and not delivered any quality item goods to the customer of the OPs. The OPs have collected money from the public and cheating the public at large including the complainant in the name and style of Sree Basaveshwara Home Appliance Benefits Scheme. Hence for the said illegal act of the OPs, the complainant has got issued a legal notice dated 8-7-2016 to the OPs and the said notice duly served on the OPs, but the OPs have not replied to the said notice. The OPs have failed to deliver the quality material as per the draw with proper receipts. Under the said circumstances, the OPs have made deficiency of service to the complainant who is the customer of the OPs. Hence the complainant has come up with the present complaint.
3. In response to the Forum Notice, the OP No.1 and 2 have appeared through their counsel and filed common objection, contending interalia as under:
The complaint is not maintainable both in law and on facts and the complaint is liable to be dismissed in limine as the complainant has not produced any material to establish that, the OPs have started Sri Basaveshwara Home Appliances and Benefits scheme and the OPs have never stated such scheme. The OPs have not received any installments from the complainant or any other person as alleged in the complaint.
The OPs further submitted that, the complainant has himself published some pamphlets about the alleged home appliances and benefit scheme and making all sorts of allegations against the OPs. Even the allegation that, the scheme contains 6000 members and run over a period of 12 weeks with benefits scheme is impossible to run by any person let alone by these OPs. Moreover, the 2nd OP is a student studying in final year BA in the present academic year.
The OPs further submitted that, some anonymous letter were addressed to the police department and on the basis of such anonymous letter, the Circle Inspector of Police, Tipaturu circle had made some investigation and took statement of 4 villagers and they have specifically stated that, none of these OPs started any such scheme alleged in the complainant. The investigating officer had recorded the statement of these OPs also. Therefore, the OPs are not liable to pay the claim amount of the complainant. Hence, it is prayed to dismiss the complaint exemplary costs, in the interest of justice and equity.
4. In the course of enquiry in to the complaint, the complainant and OP No.1 and 2 have filed their affidavit evidence reproducing what they have stated in their respective complaints and version. Both parties have filed their written arguments and produced documents which were marked as Ex-C1 to C18 and Ex-R1 R5. We have heard the arguments of both parties and perused the documents and then posted the cases for orders.
5. Based on the above materials, the following points will arise for our consideration.
1. Whether there is deficiency in service on the part of the OPs as alleged by the complainant?
2. What Order?
6. Our findings on the above points are;
Point no.1: In the negative
Point no.2: As per the final order below.
REASONS
7. The contention of the complainant is that, the OPs have cheated the complainant as well as public at large by collecting public money, and the OPs have not drawn any benefits in favour of the complainant, and not delivered any benefits items as shown in the coupon and also not paid any amount as per the said benefit scheme. Hence, the OPs have played a fraud against the public and not delivered any quality item goods to the customer of the OPs. In this regard, the complainant has produced scheme pamphlet in the name “Sree Basasweshwara Home Appliances and Benefits Scheme” issued in the name of complainant and it is marked as Ex-C1 to C5.
On making careful scrutiny of the pamphlets produced by the complainant, it is marked as Ex-C1 to C5. On the pamphlets, the complainant name is mentioned and nowhere in the pamphlets, the name of the OPs and home address or office address of the OPs are not mentioned in the pamphlets. Only two mobile numbers on top of the pamphlets. It is no doubt true that, the mobile numbers are belongs to the OPs and the same is proved by the complainant by producing documentary evidence. The OPs have agreed/accepted in the version that the two mobile belongs to them. The OPs further submitted that, they have not started any business in the name of “Sree Basasweshwara Home Appliances and Benefits Scheme”. The complainant himself had published some pamphlets about the alleged home appliances and benefits scheme by making allegations against the OPs. In this regard, the Circle Inspector of Police, Tipaturu Rural Circle has made investigation and took statement of four villagers and also the OPs. In this regard, the Ops have produced statement of four villagers report given by the police and it is marked as Ex-R1 and R2. The OPs further submitted that after investigation the police have closed the matter. To substantiate his contention OPs have not produced the documents.
On careful perusal of the Ex-R1 and R2 produced by the OPs, wherein it is seen that, the Circle Inspector of Police, Tipaturu Rural Circle have conducted the investigation and taken the statement from the four villagers and Police have also taken statement from the Ops. Neither the complainant nor the OPs have not produced final police report. Hence, in the absence of material evidence, we come to conclusion that, the police investigation is still going on. Be that as it may, Ops have produced the investigation report done by the police. Since the matter is seized by the police we cannot express any opinion in this behalf. Further, the complainant himself submitted in the affidavit evidence that, the OPs have cheated the complainant and made fraud to the complainant as well as public at large by collecting public money. That being the case of the complainant, this forum does not have jurisdiction to entertain the complaint. Further, the present case of the complainant involves lot of disputed questions of fact. Hence we come to the conclusion that the present complaint is lack of jurisdiction to entertain the complaint. However in the interest of justice and equity, the complainant is at liberty to approach the appropriate court. In the result for the foregoing reason, we proceed to pass the following order.
ORDER
The Complainant is disposed off. No Costs
The Complainant is at liberty to approach the appropriate court.
Supply free copy of this order to both parties.
(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by me in the Open Forum on this, the 21st day of September 2017)
LADY MEMBER PRESIDENT
21.09.2017
ORDER
The Complainant is disposed off. No Costs
The Complainant is at liberty to approach the appropriate court.
Supply free copy of this order to both parties.
(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by me in the Open Forum on this, the 21st day of September 2017)
LADY MEMBER PRESIDENT
