Punjab

Fatehgarh Sahib

CC/109/2021

Nitin Sayal - Complainant(s)

Versus

Vikson Securities Pvt Ltd - Opp.Party(s)

complainant in person

04 May 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL

                                    COMMISSION

                                FATEHGARH SAHIB

 

Complaint No.	:	CC/109 of 2021
Date of Institution	:	08/11/2021
Date of Decision	:	04/05/2023

 

Nitin Sayalson of Hemant Kumar Sayal, H/No. 2584 , Sirhind Mandi.

 

1.  

 

1. Vikson securities Pvt. Ltd. SCO no.56-57 , 4^th Floor, Sector-17-D , Chandigarh through  directors Vijay Kumar Joshi and Vinod Kumar Joshi., SCO 109-111,  Sector 17-D, Chandigarh through its Regional Manager.
2. Vikson securities Pvt. Ltd. , shop no.444 , through  manager , Sector 3C , GT Road, Mandigobindgarh , Tehsil Amloh , Distt. Fatehgarh Sahib

                                                                              ..………....... Opposite Parties

 

Complaint under Section 34 to 35 of Consumer Protection Act 2019)

Quorum

Sh. S.K.Aggarwal, President

Ms. Shivani Bhargava,  Member

Sh. Manjit Singh Bhinder, Member

Present:   Complainant in Person  .

      Sh.M.K.Dhar Representative of OPs no.1 and 2.

    

The complaint has been filed against the OPs (opposite parties)  under Section 34 to 35 of Consumer Protection Act-2019 alleging deficiency in service with the prayer to give directions to the OPs to  refund the  amount Rs.66461.06/- along with interest @ 18% P.A, to pay compensation of Rs.50,000/- as compensation for harassment to the complainant .

1.  The complainant opened a DMAT and trading account  with OP no.1 through its branch at Mandigobindgarh i.e OP2  When the account was settled in  Feb. 2019 an amount of Rs.66,461.6/- was out standing against OPs . The complainant telephonically requested to OPs to release the amount and OPs assured the complainant.  The complainant then sent text messages to OP no.1 to transfer the amount  to his Bank account , but to  no avail. The complainant also visited office of OP no.1 who got some papers signed by the complainant and assured to credit the amount to complainant’s account .
   However the OPs always put off the matter on one pretext or other and failed to release the said amount. Hence this complaint.
2. Notice of the complaint was given to the OPs through registered Post OPs appeared through their Counsel  and filed  joint written version.
3.     The complaint has been contested by the OPs, filed joint reply written version  and raised preliminary objections. The OPs have not settled the accounts of the complainant and complainant has not placed on record  copies of reconciling of the record. The complainant has further suppressed that Mohali Police has   registered one FIR against the OPs and court has blocked the bank accounts . Police has seized server of OPs and analyses of record and OPs are unable to comment upon the contended dues of complainant. The OPs prayer for dismissal of complaint with cost has been made. 
4. In support of his complaint , complainant tendered his affidavit Ex.CW1/A along with copies of documents  i.e Ex.CW1 contract note cum bill tax invoice  dated 30.1.2019, Ex.CW2 statement of accounts, Ex.CW3 notice  by the complainant to OPs, Ex.CW4 text message.
5. In rebuttal the OPs has tendered in evidence EX.OPW1/A affidavit of Mahraj Krishen Dhar , accountant of Vikson Securities Pvt. Ltd,  Ex.OP1/1 First Information Report , Ex.OP1/2 order of Ruchi Kamboj  JMIC, SAS Nagar dated 18.5.2019 ,  Ex.OP1/3 seizer Memo of Police  and closed their evidence.
6. Heard.  Entire record has been perused.
7. The complainant has proved his  dealings with the OPs vide a contract note cum bill tax invoice  dated 30 /1/2019 vide Ex.CW1,  The complainant has also proved his closing balance of Rs.66,461.06/-  as per statement of accounts dated 6.4.2019 vide Ex.CW2. Further complainant vide Ex.CW3  issued notice to the OPs  for releasing the amount of Rs. 66,461/-.  Vide Ex.CW4 the complainant has proved text messages sent by him to the OPs.  The OPs have tendered copy of FIR no.0047 dated 9.5.2019 registered against them vide  Ex.OP1/1  and vide Ex.OP1/2 has tendered copy of ordered dated 18.5.2019 issued by JMIC, SAS Nagar. Vide order dated 18.5.2019 the Ld.  Court has granted permission to Police to seizue servers and to seize other related record s at the office premises  of OPs .The OPs have also tendered vide Ex.OP1/3 , the seizure memo of Police.
8. From the  perusal of the above facts  and  evidence ,  it is made out that the issue is between the complainant and the OPs regarding the refund of Rs. 66,461.06/-by the OPs . The complainant has proved through evidence placed on  record ,  his dealing with the OPs as well as amount of Rs.66,461.06/- to his credit  The OPs have taken the plea that an FIR was registered against them at SAS  Nagar and as per orders of Ld. SAS Court ,  their server and other records were  seized by Police , due to which they were unable to process refund of the complainant .
9. Keeping in view of above said discussion, we are of opinion  that if the OPs have committed some wrong doing leading to registration of FIR against them and seizer of their server and other records ,  this can not be a fair and just ground to deny  rightful refund of the complainant .
10.        As a corollary of our   above discussion, the  present complaint is partly allowed.  OPs are held liable for deficiency in service severally and  jointly.  The OPs are  directed as under :-

[a] To pay Rs.66,461.06/- to the complainant along with interest @ 9% P.A from the date of filing of complaint within 30 days failing which interest @ 12% P.A. shall be payable.

[b] To pay a sum of Rs. 10,000/- as compensation for harassment and mental agony to the complainant.

Compliance of the order be made by the OPs within 30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to due to pandemic of Covid-19 and paucity of staff. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record room

Pronounced 4 May 2023                       

                                                                           (S. K. Aggarwal)

                                                                              President

                                                                    

    

                                                                                   (Shivani Bhargava)

                                                                              Member

 

                                                                                    ( Manjit Singh Bhinder )

                                                                                           Member