STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH (Additional Bench)

Appeal No. : 180 of 2024 Date of Institution : 02.05,2024 Date of Decision : 25.11.2024 Vihaan Direct Selling India Private Ltd., having its office at Ground Floor, EI Block(Beech), Manyata Embassy Business Park, Outer Ring Road, Bangalore-560045 (The present appeal is being filed through Mr.Manjunath N, an authorized representative of Vihaan Direct Selling India Pvt. Ltd. ... Appellant.

Versus

1. Ravi Kumar s/o Jagat Ram, R/o H.No.1022, Sector 35-B, Chandigarh

2. Neeraj Mahajan s/o Sadhu Ram, R/o 1510/13, Deep Complex, Hallo Majra, Chandigarh ..... Respondents Appeal under Section 41 the Consumer Protection Act,2019 against order dated 23.01.2024 passed by District Consumer Disputes Redressal Commission-I, U.T. Chandigarh in Consumer Complaint No.640/2022.

For the appellant : Dr.Monika Thatai, Advocate For respondent No.1 . Sh.Navneet Jindal, Advocate.

For respondent No.2 : Sh.Sunil Kumar Dahiya, Advocate.

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Appeal No. : 243 of 2024 Date of Institution : 20.06.2024 Date of Decision :

Neeraj Mahajan s/o Sadhu Ram having its address at 1510/13, Deep Complex, Hallo Majra, Chandigarh ... Appellant.

Versus

1. Ravi Kumar s/o Jagat Ram, R/o H.No.1022, Sector 35-B, Chandigarh

2. M/s QNET Ltd. C/o M/s Vihaan Direct Selling India Private Ltd., having its address/office at Ground Floor, EI Block(Beech), Manyata Embassy Business Park, Outer Ring Road, Bangalore-560045 ..... Respondents Appeal under Section 41 the Consumer Protection Act,2019 against order dated 23.01.2024 passed by District Consumer Disputes Redressal Commission-I, U.T. Chandigarh in Consumer Complaint No.640/2022.

For the appellant : Sh.Sunil Kumar Dahiya, Advocate.

For respondent No.1 . Sh.Navneet Jindal, Advocate.

For respondent No.2 : Dr.Monika Thatai, Advocate BEFORE: MRS. PADMA PANDEY, PRESIDING MEMBER Mr.PREETINDER SINGH,MEMBER PER PADMA PANDEY, PRESIDING MEMBER This order will dispose of aforementioned two appeals bearing Nos.180 of 2024 titled as Vihaan Direct Selling India Pvt. Ltd. Vs Ravi Kumar & another and A/243 of 2024 titled as Neeraj Mahajan Vs Ravi Kumar & another, both arising out of one and the common order dated 23.01.2024 passed by the District Consumer Disputes Redressal Forum-I, U.T.Chandigarh whereby complaint of the complainant Ravi Kumar was allowed partly in the following terms ;

“i) to refund an amount of Rs.6 lacs to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint onwards.

ii. to pay an amount of Rs.30,000/- to the complainant as compensation for causing mental agony and harassment to her.

iii. to pay Rs.10,000/- to the complainant as costs of litigation.

This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above

2. The facts are being taken from appeal No.180 of 2024 titled as Vihaan Direct Selling India Pvt. Ltd. Vs Ravi Kumar & another.

Briefly stated the facts of the case are that OP No.1(Neeraj Mahajan-respondent No.2) was the owner of M/s Sadhu Ram & Sons and was known to the complainant before the joining the QNET, due to some past business practices between the companies. It was averred that the complainant was contacted by OP No.1 telephonically and through zoom meeting several times, primarily for the commission based business, whose modus operandi as told was just through selling products-ecommerce called B2C Type Business and by showing a million potential outcome, to wrap up the thinking skills of the persons. The complainant, being a government employee refused to indulge in any such business practices but OP No.1 then being a trusted partner of the complainant, registered the same in the name of compla