BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BAGALKOT.

COMPLAINT NOs.98/2017, 99/2017, 100/2017 and 101/2017

DATE OF FILING: 20/09/2017

DATED: 06^th day of December, 2018

   P r e  s e n t: 

01) Smt. Sharada. K.                                         President…

     B.A.LL.B. (Spl)

02) Smt. Sumangala.C.Hadli.                             Lady   Member…

                   B.A (Music)

V/s

JUDGEMENT DELIVERED BY SMT. SHARADA.K. PRESIDENT

COMMON ORDER

          I. Though the complainants are belong to one family, their grievances, allegations and the facts pleaded are same in respect of  reimburse amount of the complainants. In all these cases the O.Ps. are same as shown in the cause title.  Hence for convenience we take all the cases are disposed off by the common order.

          II. Since there are 4 cases and they are in serial number,  complainants are there having same addresses and particulars of the reimburse amounts are same, for brevity and also for clarity and to avoid confusion, names of the parties of the particular cases only will be shown in the cause title.

          1. The relevant facts of the cases are that the respective complainants have filed their complaints u/s. 12 of the Consumer Protection Act 1986 against the O.Ps. directed to pay reimburse amount of Rs.11,000/- in each complainant with occurred interest their upon till its realization and pay Rs.50,000/- towards mental agony and Rs.2,000/- towards cost of the litigation to the each complainants and other reliefs.

2.    The brief fact of the cases are as follows:

The complainants are the member of opponents and O.P.1 and 2 had opened their out let branch at Bagalkot in the year 2012, the said out lets are being set up all over India and had appointed the agents throughout India. The said out let is a big shopping complex with availability of all the Groceries, Kirana and the Gift items to the customers who will become the member of the O.Ps.

It is further contended that the opponents out let had contacted the complainants and informed about the benefits of the out lets to customers and the consumers can had any items available in the said N Mart and a free coupon for Rs.220/- to 400/- will be issued every month to the each consumer /complainant and that much worth of the goods can be obtained free of cost every month from the O.Ps. out let subject to investing Rs.5,500/- per member/complainant for 48 months and the vouchers were given in advance for 48 months for free purchase, believing in the worlds of opponents the complainants have agree and they have invested the amount in the opponents N Mart Retails are as under;

Further complainants contended that the O.Ps. have issued the share certificate/card containing the entire terms and conditions, and further after certain period of 48 months the invested amount will fetch of Rs.11,000/- and the said amount will be reimbursed without any interest as every month the commodities worth about Rs.220/- to 400/- will be issued to the each complainant free of cost and further this processes was continued to the customers and number of customers joined the said schemes by investing Rs.5,500/- each and said invested amount will be reimbursed after completion of 48 months.

It is further contended that, the complainants have requested the opponents to return the reimburse amount with interest, inspite of that opponents went on postponing the same by assigning one or other reasons. Thereafter the complainants got issued legal notice to the O.P.No.2 through their counsel and the said notice was duly served to the opponent No.2 and O.P.2 had given false reply to the said notice on 11/04/2016 after receiving the said reply. The complainants have issued legal notice to the O.P.No.1 through their Advocate on dated 23/07/2016 but the said legal notice has been refused by the O.P.1 and redirected the same to the complainants address. However the O.Ps. refused to return the reimburse amount with interest to the complainants, its amounts to deficiency in service as contemplated under the provision of the consumer protection act 1986. Hence, filed these complaints.

          3.      Inspite of service of notice to the O.Ps. The Opponents 1 and 2 are remained absent. Hence placed ex-parte.

          4.      In support of the claim in the complaints, complainants have filed their chief affidavits alongwith documents which are as follows:

          1.       Postal Acknowledgement of O.P.2 dt: 13/03/2016.

          2.      Legal Notice dt: 14.03.2016.

          3.      Postal Receipt No. ARK 779599446IN dt: 15/03/2016

          4.      Reply Notice of O.P.No.2 dt: 11/04/2016.

5.      Postal Envelop of O.P.No.2’s Advocate No.RG73719274In dt: 15/04/2016.

6.      Postal Receipt No. ARG73719297IN dtd: 12/04/2016.

          7.      Postal Receipt No. ARK 797571400IN dt: 28/07/2016.

8.      Postal Envelop of O.P.No.1 RK7975714IN

dt: 29/07/2016.

          9.      Postal Receipt No.ARK 797571400IN dtd : 28/07/2016.

          10.    Postal Acknowledgement card.

          11.    Registration certificate letter of O.P.No.2 dt: 02/10/2011.

          12.    Receipt of O.P.No.2(payment received receipt)

dt: 30/09/2011.

          13.    Credit voucher dt:01/10/2011.

          14.    Independent Business Associate Agreement of O.P.2.                 

5.      On the basis of above said pleadings, written argument of complainants, oral and documentary evidence, the following points arises for adjudications are as follows:  

6.      Our Answer to the above points are:-

Point No.1 –Affirmative.

Point No.2:  Partly affirmative. 

Point No.3- As per the final order.

R E A S O N S

          7.      Point No.1 :- The complainants have filed these complaints against the O.Ps. for deficiency in service and unfair trade practice. We have perused the pleadings of the complainants, it is an undisputed fact that the O.Ps.1 and 2 had opened their out let branch at Bagalkot in the year 2012 and  the said out let are being set up all over India and they have appointed the agents throughout India the said out let is big shopping complex with availability of all the Groceries, Kirana and the Gift items to the customers and also O.Ps. admitted in their reply notice that, the said N Mart has to pay Rs.5,500/- and after 48 months from the date of membership Loyally bonus of Rs.11,000/- would be paid to the Associates to the each complainant and also each Associates would get free purchase voucher of N Mart stores worth of Rs.220/- each complainants per month till 48 months and further complainants stated in their complaints that, after receiving the said legal notices. The O.P.2 had sent his reply on 11/4/2016 stating that, in the year 2012 the O.P. has come in to the conflict with law members and legal proceedings are initiated against the O.P. No.2 and the bank accounts have been frozen and he is facing the financial crisis.  If he over comes of the said financial crisis, the O.P. No.2 will reimburse the invested amount to the members. And also quoted the Writ petition also has been filed in the Hon’ble court to defreeze the entire bank accounts.

          8.      The relevant facts of the case are that the complainants have filed their complaints U/s.12 of the C.P. Act 1986 against the O.P. No.1 and 2 alleging unfair trade practice in the said company service of non refund of reimbursement of the invested amount of each complainant.

          9.      The Forum registered a case and issue notice to the O.Ps. After service of the notice, the O.Ps. are not appeared in person or through their counsels and they have not filed any written version, nor produced any documents. Hence this forum considered that the O.P.No.1 and 2 are placed exparte. Everybody should be law abiding, then the Forum have issued the notices to the O.Ps. the O.Ps. duty is come and answer the said notices, what is their deficiencies, these acts of the O.Ps. are clearly shows that there is negligence on the part of the O.Ps.

          10.    In support of the claim in complaints, complainants have filed their affidavits and produced original Independent business associate agreement with terms and conditions.

          11.    We have heard the arguments of complainants and perused the records, this Forum conclusion that this is none other then deficiency in service and un-trade practice rendered by the O.P.1 and 2. Hence we answer to point No.1 in affirmative.

          12.    Point No.2 :- Once the deficiency in service is proved the next point is how much compensation complainants have entitled for? It is proved by documentary evidence that, the complainants have invested the amount of Rs.5,500/- each to the Opponents. Hence, the O.P.1 and 2 jointly and severally have to pay reimburse amount of Rs.5,500/- to the each complainant with interest at the rate of 9% p.a. from the date of Feb 2012 to till the realization and also pay Rs.5,000/- towards mental agony and Rs.2,000/- cost of the complaint in each complainants. Hence we answer to Point No.2 partly in the affirmative.

13. POINT NO.3:  In view of our findings on the above points, in the result, we pass the following: 

O R D E R

1. The above Complaints are partly allowed with costs.

2. The Opponent No.1 and 2 are directed to pay the reimburse amount of Rs.5,500/- with interest @ 9%  p.a. from the date of February 2012 till realization to the each complainant.   

3. Further OP No.1 and 2 are directed to pay compensation of Rs.5,000/-towards mental agony and harassment to the each complainant.

4. Further OP No.1 and 2 are directed to pay litigation charges of Rs.2,000/- to the each complainant.

5. The order shall be complied within 60 days from the date of this order, failing to which the complainants are entitled additional interest at the rate of @ 2% p.a. from the date of this order till realization of the entire amount.

6. The original order shall be kept in complaint No.98/2017 and the true copy in other clubbed cases.

7. Send the copies of this order to the parties free of cost.

     (Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 6^th day of December 2018).