BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.442 of 2022
Date of Instt. 05.12.2022
Date of Decision: 13.08.2024
Ashwani Gupta and Associates, 178, Lajpat Nagar Jalandhar PIN Code-144001 Email:ashwanigupta@gmai.com Mob-9814065254 Through partner Rupansh Gupta.
..........Complainant
Versus
The Authorized Signatory Young Ace Plot No.A-14, 7th Floor, ECO Tower Sector-125, Noida.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Mr. Rupansh Gupta, Adv. Counsel for Complainant.
OP exparte.
Order
Jaswant Singh Dhillon (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant depends upon the firm, Ashwani Gupta and Associates to earn his livelihood. The complainant was approached by the respondent wherein he had received a call from one of the respondent’s executives who convinced him to avail services 80% commission on all transactions for real estate which would be generated on each sale from the respondent’s organization. The concern firm Ashwani Gupta and Associates and on behalf of the same is not satisfied by the provided services. The concern took package of Rs.41,300/- on 30.08.2022 to the respondent’s concern. The complainant asked for email for the respondent’s concern for 80% commission on all transactions for real estate. The respondent’s concern failed to provide the same and provide email for 60% commission which is unfair. The complainant raised this issue to the respondent’s concern, but he was not provided with any vivid resolution, such act of the respondent’s is highly unexpected and unprofessional and that the complainant has been extremely harassed during the whole procedure however being deprived of the facilitated service the complainant intimated the respondent concern on several occasions in respect of the above mentioned issued. However, the respondent concern has acted like flogging of a dead horse in order to provide resolution which is extremely unprofessional in nature. The complainant has not been getting good response from the respondent’s end regarding the same given the unjustified, unacceptable and unreasonable delay in providing the same from the respondent’s end and intentional lack of cooperation from the respondent concern as a consequence of which, the complainant has suffered severe and grave loss and harassment and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to duly look into this matter with foremost importance to take necessary steps to render the proper service to the complainant and refund Rs.41,300/-. Further, OPs be directed to provide Rs.5,00,000/- as compensation to the complainant for causing mental tension and harassment and also be directed to pay litigation expenses.
2. Notice of the complaint was given to the OP by ordinary process and by way of publication, but despite service OP failed to appear and ultimately OP was proceeded against exparte.
3. In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. In nutshell, the case of the complainant is that the complainant took a package from authorized signatory Young Ace Noida for providing services for real estate on the basis of commission of 80% for every transaction. He paid Rs.41,300/- on 30.08.2022 to respondent’s concern as Ex.C-2. Complainant asked for response by way of email from the respondent’s concern for 80% commission on all transactions for real estate transactions, but the respondent’s concern failed to provide the same and as per allegations of the complainant in legal notice Ex.C-3 the OPs sent email for 60%, but there is no such email on the record. Similarly, the complainant has alleged that the OP wanted to pay 50% commission, but there is no such email of OP wherein he has mentioned about the commission. The complainant was not satisfied with the reply of OP and wanted to cancel his contract with OP and wanted to take refund of his paid money of Rs.41300/-. When the complainant noticed that after sending many emails to refund back his money, OP did not take any interest, he sent a legal notice to OP on 20.10.2022 for refunding his paid money back, but of no use.
6. By going through the facts of case, it has come to notice that in no email OP has accepted of paying of commission of 50%, 60% or 80% as alleged by complainant. In email dated 28.09.2022 as Ex.C8, the OP has mentioned that ‘the amount paid is onetime payment for a year time starting from your enrollment and is non-refundable’. However, after receiving legal notice on 20.10.2022, the OP has sent an email dated 10.11.2022 Ex.C-16 in which OP agreed for sharing of revenue 80:20 and also mentioned in this email that the registration process once done is valid for 1 calendar year and is non-refundable, but upto this time, complainant had sent number of emails requesting the OPs to cancel the deal and demanded refund of money. There is no email or written agreement placed on record by complainant from which it can be proved that there was any contract between complainant and OP for paying any commission to the complainant nor anything is on the record regarding the alleged deal of the complainant with the OP. The complainant has also failed to explain that for what purpose complainant has paid Rs.41,300/- to OP. More so, as per Ex.C-16 the amount paid by the complainant is non-refundable. So, the complainant is failed to prove his case, thus, the complaint of the complainant is without merits and the same is dismissed with no order of cost. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.
7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
13.08.2024 Member Member President
