DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 888/2015
Date of Institution : 07.10.2015
Date of Decision : 22.04.2016
Ved Prakash Mangla son of Sh. Mittar Sain resident of House No. B-XI/827, Bharat Nagar, K.C. Road, Barnala, Tehsil and District Barnala.
…Complainant
Versus
1. The Director/Authorized Signatory, V Max Club Private Limited, A-90, First Floor, Sector 4-A, Noida-201301.
2. The Manager/Authorized Signatory, V Max Club Private Limited, R-32, Third Floor, West Patel Nagar, New Delhi-110008.
3. Mahesh Aggarwal, Employee V Max Club Private Limited, R-32, Third Floor, West Patel Nagar, New Delhi-110008.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. Lokeshwar Sewak counsel for the complainant
Opposite party No. 1 exparte.
Opposite parties No. 2 and 3 deleted.
Quorum.-
1. Shri S.K. Goel : President.
2. Shri Karnail Singh : Member
3. Ms. Vandna Sidhu : Member
ORDER
(SHRI S.K. GOEL PRESIDENT):
The complainant has filed the present complaint against the Director, V Max Club Private Limited and others under Consumer Protection Act, 1986 (in short as Act).
2. The facts leading to the present complaint are that the complainant had received a telephonic call from Mr. Mahesh Aggarwal from his mobile phone No. 095604-69431 who introduced himself as the employee of the company V Max Club Private Limited opposite party No. 1 and he misguided the complainant that there are great benefits for the old aged persons, if the complainant obtained the membership kits of the said company. On believing the opposite party No. 3 the complainant issued three cheques with No. 076605 dated 28.6.2014 of Rs. 15,000/-, 076606 dated 28.6.2014 of Rs. 5,000/- and cheque No. 076611 dated 31.7.2014 of Rs. 30,000/- in favour of the opposite parties.
3. It is alleged that on 25.12.2014 the complainant received three membership kits from the company but was not given any benefit to senior citizens or old persons by the opposite parties and it came to the knowledge of the complainant that it was cheating and fraud. Then the complainant returned all the three kits to the opposite parties with the request for cancellation of membership and to refund the amount. Even, the complainant contacted the opposite party No. 3 Mr. Mahesh Aggarwal and his junior Mr. Ashok Sharma on his telephone No. 095604-69431 and then he assured the complainant and promised that he would refund the cheque amounts after deducting some reasonable amount. However, even after the lapse of one year the opposite parties did not refund the amount. Thus it is alleged that it is case of unfair trade practice on the part of the opposite parties. Hence the present complaint is filed seeking the following reliefs.-
1) The opposite parties may be directed to refund the amount of Rs. 50,000/- which he paid to the opposite parties.
2) To pay Rs. 50,000/- as compensation for harassment and Rs. 5,500/- as litigation expenses.
4. Notices of this complaint were sent to the opposite parties. Opposite party No. 1 was duly served but has not appeared. Hence the opposite party No. 1 was proceeded against exparte. Vide order dated 11.1.2016 the names of the opposite parties No. 2 and 3 were deleted as the complainant failed to supply the correct address.
5. In order to prove his case, complainant has tendered into evidence his own affidavit Ex.C-1, copy of cheques Ex.C-2 and Ex.C-3, copy of courier receipt Ex.C-4, copy of letter dated 28.6.2014 Ex.C-5, copy of e-mail Ex.C-6, copy of letter dated 22.5.2015 Ex.C-7, copy of legal notice dated 31.3.2015 Ex.C-8, postal receipt Ex.C-9 and closed the evidence.
6. We have heard the learned counsel for the complainant and have gone through all the record on the file carefully.
7. In order to prove his case the complainant has placed on record his detailed affidavit Ex.C-1 wherein he has specifically stated that he obtained the membership of the company of the opposite party and in lieu of that he issued three cheques in favour of the opposite parties of Rs. 15,000/-, Rs. 5,000/- and Rs. 30,000/- amounting to Rs. 50,000/-. He also stated that, however the opposite party had not given any benefits to the senior citizens or old persons, therefore, he requested the opposite parties for cancellation of his membership and to refund the said amount. He even further contacted the opposite party No. 3 and his junior Mr. Ashok Sharma on his telephone No. 095604-69431 and the opposite party promised the complainant for refund of the cheques amount. The complainant further stated that even after the lapse of one year the opposite parties did not refund the amount despite of writing many letters and sending e-mails to the opposite parties. Thus it is further submitted that the opposite parties have played fraud with the complainant and there is deficiency of service on the part of the opposite parties.
8. To support further his case the complainant has placed on record two cheques Ex.C-2 and Ex.C-3 of Rs. 5,000/- and Rs. 15,000/-.Ex.C-4 is the courier receipt showing the sending of the documents/kits to the opposite parties from Barnala. Ex.C-5 is the letter written by the complainant sending the requisite documents to the opposite parties from Barnala. Ex.C-7 is the letter written by the complainant to the opposite parties. Ex.C-8 is the legal notice sent by the counsel for the complainant to the opposite parties.
9. The evidence produced by the complainant is unrebutted and cogent. Perusal of the evidence shows that the contract was established at Barnala by the opposite parties and the kits were also supplied at Barnala, therefore, part of cause of action has arisen at Barnala. Sub Section II of Section 11 of the Consumer Protection Act 1986 interalia provides that a complaint shall be instituted in a District Forum within local limits of whose jurisdiction the cause of action wholly or in part arises. Keeping in view the unrebutted evidence led by the complainant it is established that the complainant has paid Rs. 50,000/- and obtained the membership kits of the opposite party company. The plea of the complainant that the opposite parties have not given any benefits to the complainant as promised is also unrebutted and therefore presumption of truth can be given. There is also a specific plea which is also unchallenged that he cancelled his membership kits and returned the same and the opposite party No. 3 promised to refund the amount.
11. As a result of above discussion present complaint is accepted against the opposite party No. 1 to the extent that the opposite party No. 1 is directed to refund Rs. 50,000/- to the complainant which was given by him. If the said amount is not paid within two months then the complainant is entitled to interest at the rate of 9% per annum from the date of order till realization. The opposite party No. 1 is also directed to pay Rs. 2,100/- to the complainant as litigation expenses. This order shall be complied with within two months from the date of the receipt of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
22nd Day of April 2016
(S.K. Goel)
President
(Karnail Singh)
Member
(Vandna Sidhu)
Member