DATE OF DISPOSAL: 19.12.2023
PER: SRI SATISH KUMAR PANIGRAHI, PRESIDENT
The fact of the case is that the complainant has filed this consumer complaint Under Section 35 of the Consumer Protection Act, 2019, alleging deficiency in service against the Opposite Parties (in short the O.Ps.) and for redressal of his grievance before this Commission.
2. The complainant for his self employment and for his livelihood purpose the complainant found private job in social media platform to engage him. On 19.01.2023 the complainant had seen on advertisement of Save Solution Pvt. Ltd. A special medial platform and approached one Mr. Vikash Singh contact No.7477595745 for understanding the prospectus who provide to the complainant with briefing of the company and also guaranteed to the complainant with customer service point opportunities in reputed bank of India. On 21st January 2023 the O.P.No.1 alongwith the staff/employee were also asked to pay an amount of Rs.15,800/- as VLE Registration fees and CSP facilitation costs in favour of Save Solution Pvt. Ltd. As per instruction by the O.P.No.1 the complainant duty paid the said amount in following account name Vikash Singh (Save Solution) A/c No.110062443697, IFC Code CNRB0C07500, Canara Blank on 23th Jan 2023 Mr. Vikash Singh of the company guaranteed that the money will be used to facilitate confirmed CSP provide. The O.Ps were duly assured that in the event CSP is not given the entire money will be returned to the complainant along with interest. On very next day the complainant received a call from the company by providing fake registration certificate. The O.P.No.1 and his staff who asked to pay an amount of Rs.50,000/- (Rs.25,000/- cash deposit + 25000 account transfer) as settlement of OD Bank account opening fees. The complainant duly paid the said amount in following account name vikash Singh (Save Solution) A/c No. 110062443697, IFSC code CHRB0C07500 Canara Bank on 23rd January 2023 and Mr. Vikash Singh of the company guaranteed that the money will be used to facilitate confirm CSP. On 31st Jan 2023 the O.Ps was also asked to pay an amount of Rs.18,600/- as ATM machine request, printer and other expenses and transport charge of Rs.8,300/- and travelling charge Rs.10,300/- and the complainant duly paid the said amount in following accounts namely Sudhir Kumar (Save Solution) A/C No. 920010067507489, IFSC Code UTIB000005, axis Bank on 1st February 2023 and Mr. Vikash Singh of the company guaranteed that after payment successfully the O.Ps were asked to pay an amount of Rs.30,500/- fore insurance policy but the complainant did not pay the same. The complainant got doubt on this matter and the complainant went to nearby Bank of India to check the OD account details, they have told the complainant the account not open OD Account. The complainant realized that he is cheated by the O.Ps and the complainant request to help out from the situation. The complainant dumped Rs.1,49,900/- in just 10 days and the O.Ps did not give message and not pick up the phone and also the O.Ps blocked the phone and whatsapp of the complainant. The O.Ps grabs entire money from the complainant. The complainant suffered from harassment, causing mental agony for which he is entitled for exemplary compensation for harassment and mental agony and for unfair trade practice along with deficiency in service by the O.Ps. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to refund Rs.1,49,900/- with 12% interest, compensation of Rs.40,000/- and litigation cost of Rs.20,000/- in the best interest of justice.
3. The delay in filling of the present consumer complaint is condoned in accordance to the order in SMWP(C) No.: 3 of 2020. Accordingly, notice was issued to the O.Ps but they neither appear nor filed any written version.
4. On the date of hearing of the consumer complaint, the advocate for complainant is present. We heard argument from him for the complainant at length and perused the complaint petition, written argument and materials placed on the case record. It reveals that the complainant had deposited Rs.1,49,900/- and entitled to receive the same with interest from the O.Ps. Though notice was sent by this Ld. District CDR Commission, Ganjam Berhampur for appearance and filing written version by the O.Ps but the O.Ps did not avail the said opportunity. Hence, taking the materials on the case record as well as the sole testimony of the complainant in to consideration, we hold that the O.Ps are negligent in rendering proper service to the complainant as such we hold that there is deficiency in service on the part of the O.Ps.
Further Law is well settled in case of Adelkar Prathibha B. (Mrs.) & Ors V. Shivaji Estate Livestock and Farms Pvt. Ltd. & Ors reported in II (2015) CPJ 221 (NC) that, the Hon’ble National Commission held that, “Complainant hired or availed services of O.P. for investing their savings in schemes floated by O.P. and deposited money with it for investing on their behalf in Goat Farming and allied activities- Complainant are consumers, Remedy before Consumer Forum is primarily a civil remedy- Complaint maintainable. Failure on parts of financial establishment to honour its commitment- Deficiency in service – Unfair trade practice- OP is directed to refund the investment made by complainant in scheme floated by it”.
On foregoing discussion and in view of the clear position of law in Adelkar (Supra) the complainant’s case is partly allowed on exparte against the O.Ps. The Opposite Parties who are jointly and severally liable as such they are directed to refund Rs.1,49,900/-only along with 7% interest per annum to the complainant within 45 days from receipt of this order. Further the O.Ps are also directed to pay Rs.7500/- as costs of litigation to the complainant within the above stipulated period failing which all the dues shall carry 12% interest per annum till its actual date of realization from the date of filing of this case i.e. on 22.02.2023 and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all dues. This case is disposed of accordingly.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.
The file is to be consigned to the record room along with a copy of this Judgment.
Pronounced on 19.12.2023.
