Versus
M/s Pacelife Marketing Private Limited, Village Khojewal, Head and Corporate Office situated at Kapurthala, Punjab, India-144601.Email address:pacelife9@gmail.com, Registration Number 46064. Corporate Identification Number is (CIN) U52609PB2017PTC046064. …..Opposite party
Complaint under Section 35 of the Consumer Protection Act, 2019.
QUORUM:
SH. K.K. KAREER, PRESIDENT
SH. JASWINDER SINGH, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Ms.Daisy Singla, Advocate
For OP : Exparte.
ORDER
PER K.K. KAREER, PRESIDENT
1. Shorn of unnecessary details, the brief facts of the case of the complainant are that a representative of the OP induced the complainant to invest a sum of Rs.7,75,000/- with them and on this investment, the complainant would be paid a sum of Rs.67,500/- per month for 25 months. Accordingly, the complainant deposited a sum of Rs.7,75,000/- with the OP in February 2019 and in this regard, an agreement was executed between the parties. Thereafter, the complainant received only four installments of Rs.67,500/- each and one incomplete installment of Rs.34,425/-. In all, the complainant received back only an amount of Rs.3,04,425/- and also received an extra profit for making new members of Rs.7248/-, Rs.1775/-, Rs.2631/- aggregating to Rs.11,654/-. Thereafter, the OP company stopped giving the promised installments from the month of August 2019 onwards. In this manner, the OP company has violated the agreement and has grabbed the remaining amount of Rs.13,83,425/-. The complainant visited the office of OP on many occasions but to no avail. Written communications sent through emails on 22.10.2019 and 24.11.2019 as well as by post failed to evoke a positive response from the OP. In this regard, the complaint was also lodged on 02.12.2019 with The SSP, Ludhiana as well as The SHO, P.S.Jodhewal. The complainant has also filed a complaint dated 05.01.2020 with the Registrar of Companies, Chandigarh. The act and conduct of OP in not refunding the remaining installments amounts to deficiency of service. In the end, it has been requested that the OP be directed to refund the amount of Rs.13,83,425/- along with interest @18% per annum. The OP be further made to pay compensation of Rs.5 lacs and be also fined Rs.1000/- per day as per the Sebi Circular dated 13.08.2020 along with litigation expenses of Rs.60,000/- to the complainant.
2. Upon notice, OP did not appear despite service and was proceeded against exparte.
3. In exparte evidence, the complainant submitted his affidavit as Ex. CA along with documents Annexure-C2 to Ex.C6 and closed the evidence.
4. We have heard the counsel for the complainant and have also gone through the record.
5. In the affidavit Ex.CA, the complainant has reiterated the entire case as set forth in the complaint. The exparte evidence led by the complainant has gone unrebutted on the file and on the basis of uncontroverted evidence, it can be safely held that the complainant invested a sum of Rs.7,75,000/- with the OP who in turn promised to return to the complainant 25 installments of Rs.67,500/- per month. However, the OP refunded only Rs.3,04,425/- plus Rs.11,651/-. In this manner, a sum of Rs.4,58,921/- is still recoverable from the OP. In our considered view, it would be just and proper, if the OP is directed to pay/refund the amount of Rs.4,58,921/- along with interest @8% per annum from the date of complaint till the date of actual payment along with Rs.30,000/- as composite cost and compensation to the complainant.
6. As a result of above discussion, the complaint is partly allowed with an order that the OP shall pay/refund the amount of Rs.4,58,921/- along with interest @8% per annum from the date of complaint till the date of actual payment. The OP shall further pay a sum of Rs.30,000/- (Rupees Thirty Thousand only) as composite cost and compensation to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Jaswinder Singh) (K.K. Kareer)
Member President
Announced in Open Commission.
Dated:03.03.2022.
Gurpreet Sharma.
