State Consumer Disputes Redressal Commission
R.Nagesh vs M/S Vegazeal Marketing Pvt Ltd. on 14 September, 2022
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/2279/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/184/2015 of District Bangalore 4th Additional) 1. C.Ramaswamy S/o Late Chandrashekaraiah, Aged about 84 years, R/a No.866, 15th cross, 1st stage, 1st phase, Chadra layout, Bangalore-72 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt. Ltd. No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Mr.Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd. No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at: No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2280/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/187/2015 of District Bangalore 4th Additional) 1. R.Nagesh S/o C.Rama swamy, Aged about 39 years R/a No.866, 15th Cross, 1st stage, 1st phase, Chandra Layout, Bangalore-72 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. ...........Respondent(s) First Appeal No. A/2281/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/188/2015 of District Bangalore 4th Additional) 1. Mrs.N.Sahana D/o S.Nataraja Iyer,
Aged about 36 years, R/a No.844, 1st Cross, 1st A Main, 2nd Phase, 5th stage, BEML Layout, Bangalore-98 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2282/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/185/2015 of District Bangalore 4th Additional) 1. S.Nagaraja S/o Late Subramanya Iyer, Aged about 67 years, R/a No.204, Balaji Residency, SBM road, KSRTC layout, Chikkallasandra, Uttarahalli Main road, Bangalore-61 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2283/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/183/2015 of District Bangalore 4th Additional) 1. Mrs.N.Shipla D/o S.Nataraja Iyer, Aged about 34 years, R/a No.844, 1st Cross, 1st A Main, 2nd Phase, 5th stage, BEML Layout, Bangalore-98 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2284/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/189/2015 of District Bangalore 4th Additional) 1. Nataraj Iyer S/o S.V.Satyanarayana Iyer Aged about 74 years, R/a No.844, 1st Cross, 1st A Main, 2nd Phase, 5th stage, BEML Layout, Bangalore-98 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2285/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/191/2015 of District Bangalore 4th Additional) 1. S.Nataraj Iyer S/o S.V.Satyanarayana Iyer Aged about 74 years, R/a No.844, 1st Cross, 1st A Main, 2nd Phase, 5th stage, BEML Layout, Bangalore-98 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2286/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/195/2015 of District Bangalore 4th Additional) 1. M.V.Ramamurthy S/o S.Vishweshwara Iyer, Aged about 67 years, R/a Hari Nilaya, 5th cross, Opp. Telephone exchange, VV extension, Hosakote-562114 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2287/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/190/2015 of District Bangalore 4th Additional) 1. Smt.Vibhavashri Teradal W/o Vijay, Aged about 28 years, R/a No.866, 1st Main road, 5th stage, 2nd phase, BEML layout, RR nagar, Bangalore-98 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2288/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/182/2015 of District Bangalore 4th Additional) 1. S.Natraja Iyer S/o S.V.Satyanarayana Iyer Aged about 74 years, R/a No.844, 1st Cross, 1st A Main, 2nd Phase, 5th stage, BEML Layout, Bangalore-98 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2289/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/194/2015 of District Bangalore 4th Additional) 1. Vasanth K.Teradal S/o Krishnabhat Teradal Aged about 71 years, R/a No.866, 1st Main road, 5th stage, 2nd phase, BEML layout, RR nagar, Bangalore-98 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2290/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/193/2015 of District Bangalore 4th Additional) 1. R.Praveen Kumar S/o Ramakrishna, Aged about 38 years, R/a No.866, 15th cross, 1st stage, 1st phase, Chandra layout, Bangalore-72 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2291/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/196/2015 of District Bangalore 4th Additional) 1. Smt.Latha Vasanth Teradal W/o Vasanth K.Teradal, Aged about 61 years, R/a No.866, 1st Main road, 5th stage, 2nd phase, BEML layout, RR nagar, Bangalore-98 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2292/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/186/2015 of District Bangalore 4th Additional) 1. Smt.G.R.Krishnaveni W/o M.V.Ramamurthy, Aged about 62 years, R/a No.866, 15th Cross, 1st stage, 1st phase, Chandra Layout, Bangalore-72 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) First Appeal No. A/2293/2017 ( Date of Filing : 14 Nov 2017 ) (Arisen out of Order Dated 05/09/2017 in Case No. Complaint Case No. CC/192/2015 of District Bangalore 4th Additional) 1. Mrs. Lalitha W/o S.Nataraja Iyer, Aged about 72 years, R/a No.844, 1st Cross, 1st A Main, 2nd Phase, 5th stage, BEML Layout, Bangalore-98 ...........Appellant(s) Versus 1. M/s Vegazeal Marketing Pvt Ltd. Regd. office at: No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Rep. by its Director, Gururaj.C.V. 2. Sravan Sharma The Director, M/s Vegazeal Marketing Pvt. Ltd.
No.244, 33rd cross, 2nd Main, 7th block, Jayanagar, Bangalore-82 Also at:
No.2, 4th cross, 16th Main, Balaji layout, Padmanabhanagar, Bangalore ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER HON'BLE MRS. Smt. Divyashree.M MEMBER PRESENT: Dated : 14 Sep 2022 Final Order / Judgement Dtd.14.09.2022 COMMON ORDER IN A/2279 TO 2293/2017 BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER These are the appeals filed U/s.15 of CPA 1986 by Appellants/Complainants aggrieved by the order dtd.05.09.2017 passed in CC/182 to 196/2015 on the file of Bengaluru 4th Addl., District Forum. The Commission examined grounds of appeal, impugned order and heard the learned counsel for Appellants/Complainants. Learned counsel for Appellants submit that most of the Complainants are senior citizens attracted by the Ops/Respondents advertisement, most of the Complainants invested their hard earned money about less than Rs.1 lakh and three of them invested Rs.2 lakhs and odd to get interest thereon for their livelihood which was stated in their complaint was not considered by the Forum below while passing common order. We examined the impugned order, wherein could see OP.1 is placed exparte for the reasons best known to him, while OP.2 though represented by advocate, failed to submit version yet, Forum below dismissed all the complaints passing common order. It is also found from the impugned order that Crime no.151/2012 was registered against OPs U/s.420 of IPC pending on the file of 2nd ACMM court, Bengaluru based on the complaint of one Sriharsha Vijaykumar. Legal notice was caused prior to filing consumer complaints in December 2014, for which OP.2 replied denying his liability, but facts remain that he failed to file version in complaints. If we examined the complaint averments, wherein Complainants have stated that they have paid such amount for their livelihood to get interest from their investment. It is also found from the impugned order, OPs were charge sheeted wide charge sheet in CC.No.16319/12 in 2nd ACMM court, Bengaluru for the offences of Sections 3, 4, 5 of the Price Chit & Money Circulation Scheme (Banning) Act 1978 and 420 & 120B of IPC pursuant to FIR/151/2012 in Jayanagar police station, Bengaluru filed by one Sriharsha Vijaykumar. Thus considering these aspects placed before the Forum below, when OP.2 is placed exparte and OP.2 failed to file version, Forum below could have considered the case of the Complainants in right perception keeping in mind the object of consumer law, since they have paid less than Rs.1 lakh each and three of them were paid Rs.2 lakhs and odd, could have been considered by the Forum below as to how their grievance has to be redressed to give a logical end. Thus with such view of the matter, Commission proceed to allow the appeals. Accordingly set aside the impugned order dtd.05.09.2017 passed by 4th Addl., District Forum, Bengaluru in CC.Nos.182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195 & 196/2015 respectively with a direction to readmit all the complaints connected to these appeals and afford an opportunity to both parties to place further evidence if any and dispose of the complaints as early as possible not later than 3 months from the date of receipt of this order. Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member *NS* [HON'BLE MR. JUSTICE Huluvadi G. Ramesh] PRESIDENT [HON'BLE MR. Krishnamurthy B.Sangannavar] JUDICIAL MEMBER [HON'BLE MRS. Smt. Divyashree.M] MEMBER