Chandigarh

DF-II

CC/719/2020

Ms. Ritu Mehta - Complainant(s)

Versus

The Ambala District Co-Operative Milk Producers - Opp.Party(s)

Adv. Sanjay Kumar

18 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	719 of 2020
Date  of  Institution	:	29.12.2020
Date   of   Decision	:	18.09.2024

 

 

 

 

Ms.Ritu Mehta daughter of Shri Kulbir Singh, resident of House No.2787, Sector 22-C, Chandigarh.

             … … … Complainant

 

Versus

1.  The Ambala District Co-operative Milk Producers Union Ltd., Milk Plant G.T.Road, Ambala City (Haryana) Pin-134007 through its Chairman.

2.  The Chairman, The Ambala District Co-operative Milk Producers Union Ltd., Milk Plant G.T.Road, Ambala City (Haryana) Pin-134007.

3.  The Chief Executive Officer, The Ambala District Co-operative Milk Producers Union Ltd., Milk Plant G.T.Road, Ambala City (Haryana) Pin-134007.

4.  The Director, The Ambala District Co-operative Milk Producers Union Ltd., Milk Plant G.T.Road, Ambala City (Haryana) Pin-134007.

   … … … Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.SURESH KUMAR SARDANA,       MEMBER

                               

Argued by:    Sh.Gaurav Bhardwaj, Advocate Proxy for Sh.Sanjay Kumar, Counsel for Complainant.

Sh.Jaspal Singh, Representative of OPs.

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainant has filed the present complaint pleading that the OPs are milk producers which is country wide famous known as ‘The Ambala District Co-operative Milk Producers Union Ltd. and also ‘Vita’. It is stated that the OPs had published an advertisement for the allotment of Vita Milk Booth during the year 2018. Accordingly, in the month of August 2018, the complainant had applied for Vita Milk Booth in Sector 61, Chandigarh, with the aforesaid OPs and made payment of Rs.50,000/- through demand draft No.396099 dated 30.07.2018. It is stated that on 20.02.2020, when the complainant visited the office of OPs to inquire about the allotment of booth, he shocked when the OPs stated that they have called for interview for the allotment of the Vita Milk Booth. It is pleaded that complainant never received any kind of letter or any call from the OPs. It is stated that on 25.02.2020, the complainant had served a legal notice through his advocate to the OPs to allot the Vita Milk Booth. The OPs sent the reply to the legal notice dated 17.03.2020 to the complainant and also sent the demand draft of Rs.50,000/- only to the complainant. Hence, this complaint has been filed, alleging the above act of the OPs as deficiency in service and unfair trade practice causing the complainant mental & physical harassment besides monetary loss, with a prayer to direct the OPs to allot the Vita Milk Booth to the complainant, compensation for harassment, litigation expenses. 

 

2]       The OPs in their written version, while admitting the factual matrix of the case, stated that OPs decided to hold an interview for selection of the candidate and accordingly complainant was also invited alongwith other applicants for the interview to be held on 16.11.2018 at 11 AM in the office of Milk Plant, Ambala City vide office registered letter No.MUA/Mktg/2018/9511-9717 dated 03.11.2018. The notice was received back undelivered on 13.11.2018 with the remarks of postal authority ‘no such person’ and besides this complainant also did not respond on the call given on her mobile. It is further stated by OPs that in the absence of any request from the complainant, security amount of Rs.50,000/-, as deposited by complainant, has been refunded to her bearing cheque No.520000 dated 12.03.2020 drawn on Punjab National Bank vide office letter No.MUA/Mktg/2020/15176 dated 12.03.2020 by registered post. Denying any deficiency in service or unfair trade practice as well as all other allegations, the OPs have prayed for dismissal of the complaint. 

3]       Replication has also been filed by the complainant controverting the assertions of OPs as made in their written version.

4]       Complainant led evidence in support of her contention. However, OPs did not file evidence by way of affidavit despite of the opportunity granted.

5]       We have heard the learned counsel for the complainant & representative of OPs and have gone through entire documents on record.

6]       The main issue involved in the present complaint is whether there is any deficiency in service on the part of the OPs or not?

7]       The complainant has alleged that he has applied for a Vita Milk Booth in the year 2018 against advertisement published in the month of August 2018 and paid Rs.50,000/- through demand draft dated 30.07.2018. It is alleged that booth was allotted to someone else and complainant never received any call or letter from the OPs. Thus, he made an allegation against OPs that they have not called him for interview by way of letter or call to attend interview for the allotment of Vita Milk Booth.

8]       The OPs in order to rebut the allegations of the complainant placed on record copy of registered letter bearing No. MUA:MKTG:2018/9511-9717, dated 03.11.2018 which proves that OPs have sent duly registered letter to the complainant to attend the interview but the same letter was received by OPs undelivered on 13.11.2018 with the remarks of the postal authorities ‘No Such Person’. The OPs have also placed on record copy of the same whereby postal authorities have endorsed their note that ‘No Such Person’. Hence, it cannot be said that OPs have not called the complainant for the interview as they have placed on record copy of registered letter for interview as well as copy of endorsement of the postal authorities to the effect that ‘No Such Person’ was available at the given address. Moreover, the OPs have made the refund of security amount of Rs.50,000/- to the complainant. Hence, there is no deficiency on the part of the OPs for which they can be held liable. The complaint being meritless is liable to be dismissed and accordingly the same is dismissed.  

9]       The pending application(s) if any, stands disposed of accordingly.

         The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

18.09.2024                                                      

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER

as