Before The District Consumer Forum at Ballari No. /2016

 

BEFORE THE DISTRICT CONSUMER FORUM AT BALLARI No. /2016 BETWEEN: Sri Bherulal Balar S/o Late Badarmal Balar D.No. Jain Market, BALLARI

..Complainant

AND 1. Sri Virupa Virupaksh kshii In char charge ge o ofce fcerr Bellary Branch Customer Service Division & Franchise Holder o  Eureka Forbes Ltd.,near Bala Bhodini School, KHB Colony, Gandhinagar Gandhinagar BALLARI-583103 2. Ofcer Ofcer In In char charge ge E Eure ureka ka Forbes Forbes Ltd., Ltd., Service Head Quarters, Schedule No.42 P-3/C, Muneshwara Layout, Harulakunte, BANGALORE-560 088 3. Ofcer Ofcer In charg charge, e, Eurek Eureka a Forbes Forbes Ltd. Ltd.,, Corporate Head Ofce, B1/B2/,701, Marathon Innova, O Ganpatrao kadam Marg, Lower Parel, MUMBAI-400 013. 4. Ofcer Ofcer In charge charge,, Regist Registere ered d Of Ofce ce 7, Chakraberia Road,(south) KOLAKATA-700 025.

.Respondent No.1

..Respondent No.2

..Respondent No.3 .. Respondent No.4

  By R.S.K.Singh, D.Sadiq Ali Ali & Vinaya Kumar, Advocates, Plot No.54,   Sontha Linganna Sey Colony, Gandhinagar, Ballari   Phone: 9242143918

COMPLAINT FILED UNDER SECTION 1 (4) ( c) (i) (iv) AND SECTION SECTION 11 OF CONSUMER PROTECTION ACT, 1986 BY THE COMPLAINANT. IN THE MATTER OF UNSCROUPLESS TRADE PRACTICE AND CHARGING EXCESS MONEY FOR PROVIDING SERVICE BY THE RESPONDENTS

The Complainant humbly submits as ollows: This compla This complaint int is led led on behal behal o Sri Bherul Bherulal, al, addre address ss cited cited above above hereaer as complainant and the address o the Complainant or the purpose o service o noces processes etc., is care o counsels and complaint is as ollows: 1. The Compla Complaina inant nt is resid residing ing at the addres addresss cited cited above above and one o our Respondent No.1 is residing at the address cited above, a noce was got issued to the Respondents No.1 to 4 explaining the act o unair trade

 

pracce adapted by the service provider and charging excess o the price or providing service or one year by the counsels o the complainant, a copy said noce along with postal acknowledgement is led along with this complainant or kind perusal o this Honorable Forum. The trader/service provider has not yet complied with request o the complainant and hence th the e co comp mpla lain inan antt is co cons nstr trai aine ned d th this is co comp mpla lain intt or or re redr dres esse sed d o th the e complainant and enquiry in the maer.

2. The cause cause o acon acon o this this complaina complainant nt has occurr occurred ed within within the territor territorial ial  jurisdicon o this Honorable Forum hence this Honorable Forum has  jurisdicon to enquire in the complainant. complainant. The Complaint led within the territorial and pecuniary jurisdicon o the Honorable Forum.

3. The cause cause o acon acon aros arose e when when the compla complaina inant nt has purchas purchased ed service service co cont ntra ract ct o orr on one e year year rom rom the the agen agent/ t/em empl ploy oyee ee o Sr Srii Vi Viru rupa paks kshi hi,, Resp Respon onde dent nt No.1 No.1 on 10 10-2 -2-2 -201 015 5 as per per th the e In Invo voic ice e Cum Cum Rece Receip iptt No. No. 102462 102 462389 3890 0 dated dated 10-2-2 10-2-2015 015 by collec collecn ng g ca cash sh amoun amountt o Rs.153 Rs.1530/0/Rupeess one thousand Rupee thousand ve hundred thirty only or one year period period service service contract rom the date 10-2-2015 to 10-2-2016. A photo copy o the said Invoice cum receipt is enclosed to this complainant or kind perusal o the Honorable Forum.

4. It is submi submied ed durin during g the pe perio riod d o penden pendency cy o servic service e contrac contractt the Sri Sri Sridhar employee o the Respondent No.1 again or the second me has misrepresented Smt Manju Devi, wie o the complainant on 14-8-2015 stang sta ng the servic service e contra contract ct o the previo previous us co contr ntract act ha hass expire expired d and and collected one more me service ee o Rs. 1530/- Rupees One Thousand ve hundred thirty rom the complainant’s wie and when she resisted to pay has the employee has taken the money misrepresenng the act o  pendency o service contract and issued Invoice cum Receipt No. 23991641 da dated ted 14-8-201 14-8-2015 5 and a photo photo copy copy o the said Invoic Invoice e cum receipt receipt is enclosed to this complaint or kind perusal o this Honorable Forum.

 

5. It is submi submied ed that that First First Respon Responden dentt is the agent agent and ranchis ranchise e holder holder o  the Second, third and ourth respondents and hence it is necessary to make al alll the the o our ur resp respon onde dent ntss par pares es or or th the e purp purpos ose e o en enqu quir iry y by th the e Honorable Forum.

6. It is submied submied that that the First First Respondent Respondent is having having ranchi ranchise se agreement agreement to provid pro vide e servic service e to Ac Acqua qua Guard Guard Water Water Purie Puriers rs by co collec llecn ng g a annual annual service ee rom the consumers, and he is carrying out strictly under the supervision o the Respondent2, 3 and 4 and also paying a ranchise ee o  60% o the amount collected to the Respondent No.2.

7. It is submied submied that that the employee employee o the the Respondent Respondent No.1 No.1 has cheated cheated the the co comp mpla lain inan antt by co coll llec ecn ng g serv servic ice e ee ee or or seco second nd me me an and d th thus us th the e Respondents 1 to 4 jointly and severally commied the oence o unair trade pracce and also charging excess o permied ee or one year. It is subm submi ied ed that that all all the the Resp Respon onde dent ntss ar are e lia liabl ble e seve severa rally lly jo join intl tly y an and d vicariously liable or damages to the complainant.

8. It is subm submi ied ed that that when when the the co comp mpla lain inan antt has has tr trie ied d to co cont ntac actt th the e Resp Respon onde dent ntNo No.1 .1 or oral ally ly seve severa rall mes mes,, th the e Respo Respond nden entt No.1 No.1 ha hass no nott bothered to set right the mistakes nor provide any explanaon in this behal, and it is apprehended that the Respondent No.1 has got printed ake Invoice Books or the purposes o cheang innocent consumers and even it apprehended that the Respondent No.2 3 and 4 are not even aware o this unair cheang trade pracce by the Respondent No1.

9. It is submied submied that that compla complainant inant is lled lled with with in period period o 2 years years rom the the date o cause acon hence with in limitaon period.

10. It is submied submied that act o the Respondent Respondent No1 to 4 is serious malprac malpracce ce ollowed by the trader and there might by several case like this and hence it is prayed that enquiry may be conducted by issuing noces to all the Respondents 1 to 4 to ascertain who is real culprit and what is intenon o 

 

the traders and it would be germane to submit that every day the sales man o Acqua Guard call on the innocent house wives during the ming when the husbands go or business and collect money by cheang and hence this complaint may kindly be enquired into to curb such malpracces by the traders in general and Respondent N0.1 in parcular. 11. It is submied submied that Responden Respondentt No.1 has commied serious serious wrong and misrepresented to the complainant hence the Complainant is entled to set right his grievance and hence the respondents are liable or to make good loss suered by the complainant. PRAYER In view o the submissions contained in the proceeding paragraphs, the complainant most respecully prays to the Hon’ble Forum to direct the Respondents pares to: a.

Reund Reund the excess excess amount amount collecte collected d or providing providing servic service e to the complain complainant ant along with interest.

b. Pay sum o Rs.50,00 Rs.50,000/0/- towards towards the physica physicall strain and and mental mental agony suered suered by the complainant and his amily members (Compensaon) and c. Pay a sum o Rs.5000 Rs.5000//- toward towardss cost cost o this peon. peon. For which act o kindness, the complainant shall as is duty to bound ever pray.

Advocate or the Complainant

Signature o Complainant

VERIFICATION I, Sri Bherulal S/o Late Badarmal Balar aged 48 years, do here by state what is stated in the above cited paragraphs are true to the best o my knowledge and belie and nothing material is concealed by me.

Ballari Date:

Signature o Complainant.