(Delivered on 29/11/2019) Per Smt.S.T.Barne, Hon`ble Presiding Judicial Member.
1. The complainant Suresh Namdeo More r/o Beed has filed this complaint u/sec. 12 of Consumer Protection Act,1986.
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2. It is the case of complainant that, he is residing at Dnyaneshwar Nagar, Beed in the rental premises. The complainant is dealing with the business in Solar sales & solar project installation since 2010 and he is having registered trademark as well as authorised Government vendor. His wife Late Nita was skilled in Ladies tailoring work. He is having two children, daughter Dhanashri and son Shreyash. They are taking education.
3. The opponent deals and is engaged with business known as Saral Vastu . Opponent is making commitment to public at large, in order to bring miracle changes in the family life, to make life happier and healthier. He was insisting to purchase product of Saral Vastu by publishing advertisement through T.V. Channels and social sites and website www.saralvastu.com to attract the people to purchase their product.
4. On seeing the advertisement on T.V. Channel in the month of Aug.2015, the complainant purchased the product of opponent. Thereupon, the representative (executive) of opponent namely Mr.Sharan approached to complainant at his residence on 15.09.2015, and he disclosed to the complainant that there were
3 CC/31/2017 problems in his house and he will be required to purchase the product of Saral Vastu. He paid Rs. 500/- towards visit of representative of opponent. The said representative Mr.Sharan also told the complainant that he will surprisingly get awesome growth in the business, good health to entire family, amicable relations between husband and wife, good education success in education of daughter and son and betterment of each of the family member, if he would purchase Saral Vastu product, and its cost will Rs. 11,000/-. Mr.Sharan also told him that he would purchase it then and there, he will be required to pay Rs. 10,000/- only. The complainant paid Rs. 10,000/- in cash to Shri. Sharan. Mr.Sharan delivered him one big crystal, one joint crystal, garland of crystal, one small crystal, ShriYantra, sampatti Vati, four pyramid, mirror, sticker, tortoise plate, and also placed those articles at particular places in the house of complainant. Thereupon, the opponent provided one letter No. 43608, one book , one C.D. and one print out with suggestion to place it on a wall. Shri.Sharan also supplied one chart showing favourable directions, unfavourable colours to complainant. Thereafter, opponent used to give phone call to complainant and was enquiring him about problems if any. The complainant told him that there found no progress or difference to
4 CC/31/2017 him. However, the opponent was promising and making commitment to him that he need not to worry, and to keep patience and think positive, so that he will get 100 % growth and progress in his family. Thus, the opponent was continuously giving phone call to complainant for two months. However, the complainant did not notice any difference or progress for 3 months.
5. It is alleged by the complainant that his parents and his wife had been for religious tour at Nashik by India Vista Car on 23.12.2015, when they met with an accident. In the said accident complainants wife Neeta and father Shri.Namdeorao More, expired and the complainant himself and his mother were seriously injured. It is alleged by the complainant that this happened due to purchase of the services of Saral Vastu. The opponent is fully responsible for it. The complainant lost his father, who was working as a consultant in accounts. Due to the death of father, the complainant sustained huge loss. His wife was skilled in ladies tailoring. The complainant lost his happy married life and got disturbed totally. His mother sustained permanent disability. He himself was seriously injured and required to incur heavy expenses for the treatment, and also sustained loss in his business. It is alleged that, this is happened due
5 CC/31/2017 to supply of Saral Vastu seva services, and misleading suggestions, and advise by the opponent.
6. It is further alleged by complainant that his daughter Dhanashri, was good at education, she never failed in her education. But she failed in 3 year polytechnic examination. This happened because of failure of Saral Vastu services.
7. It is further alleged that the complainant asked the opponent the reasons for said losses, but he was told not to worry, everything will be all right and told that their executive will visit his home and will make everything set right and will make him to satisfy for all the problems. The complainant sustained loss due to fraud, cheating, constant deficiency in service by opponent with motive to earn more money, which is against the provisions of Consumer Protection Act,1986.
8. It is alleged that opponent is publishing false & fraud advertisement in Maharashtra and other states on T.V. channel and thereby cheating the public, by spending huge amount. Due to unfair trade practice on the part of opponent the complainant suffered
6 CC/31/2017 heavy loss to his life. The complainant filed this complaint claiming compensation towards the medical expenses, compensation due to loss of death of his father, his wife, injury to himself and his mother and loss of education of his daughter, mental agony and cost of proceedings.
9. The opponent has filed written statement at page No. 209. The opponent has denied all adverse allegations. It is submitted that The allegations made in the complaint are false, frivolous and vexatious . There is no contract or relation between complainant and the respondent. The opponent is the partner of C.G. Consultancy and the complainant has availed services of C.G.Consultancy, which is not party to the present proceedings. On this count complainant complaint is liable to be dismissed.
10. It is the contention of opponent that, the complainant failed to establish deficiency in service provided and that the opponent adopted unfair trade practice, and failed to establish the cause of action to initiate proceedings. There was no deficiency in service rendered to complainant. The opponent followed all formalities and procedure in delivering their services as follows.
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a) On receiving request of complainant , the representative of opponent visited his house and carried inspection of his residential premises.
b) On inspection of the premises, the expert predicted the problems faced by the complainant.
c) After satisfied with the predictions made by opponent, the complainant at his free will gave consent and adopted his services, under Saral Vastu.
d) After receiving express consent of complainant Vastu expert provided suggestion to complainant to implement at the premises to overcome the problems and handed over the kit with instructions.
e) Thereafter follow up was done to monitor whether complainant implemented 100% suggestions given by Vastu expert.
f) Evenafter 100 % implementation of suggestions, if complainant would not get the result, the opposite party has made commitment to refund the consultancy fees as agreed.
11. It is the contention of opponent that he is dignified and respectable Civil Engineer who established an organisation for consultancy, based upon modern Engineering science , on the platform of ancient Indian Architecture. The opponent has discovered the blend of modern Civil Engineering and ancient Indian Architecture and is resourceful in implementation of principles of ancient Indian Architecture (wastushastra) for the benefit of masses. Vastu Shastra is not hoax or magical remedies. The Honble Apex
8 CC/31/2017 Court of India upheld the UGCs introduction of Jyotir Vigyan as area of scientific studies, same is being imparted as education in India.
12. It is the contention of opponent that unlike the general Civil Engineers and Architects are limiting their services for wealthy persons and rich entities by ignoring the common citizen and lower class, on the count of fees and their earnings being low, the opponent with intent to reach the benefit and solace of scientifically and divinely balanced, arranged homes and work places, have brought out the concept of Saral Vastu , which is a right protected module. Saral Vastu concept made available to lowest class family / person, to have his/her home place/work place, made and arranged to optimum beneficial use or enjoy astoundingly positive atmosphere, that would bring highly positive thinking and good personality changes in the member of family. As a result of the positive thinking and personality development, the planning and organising would become better. Staying in neatly arranged & good ambience, would improve boldness, and capacity to handle the matter, more efficiently. There is nothing magical or metaphysical offered to client by opponent party.
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13. The opponent further denied that the accident of family members of complainant occurred due to adopting services of Saral Vastu. The opponent never claimed that adoption of saral Vastu would prevent accident. It is clearly mentioned in the saral Vastu book given to complainant that nothing can avoid or evade the death of a person even if he adopt Saral Vastu. It is the contention of opponent that the accident took place on 21.12.2015 at Nashik . No copy of FIR is produced. It is not made clear whether any offence is registered. The story propounded about accident that it is occurred due to obtaining services of Saral Vastu, is without any logic and is unimaginable.
14. It is the contention of the opponent that Saral Vastu is an aid for good thinking, pleasant life style. It is denied that opponent insisted complainant for availing services of opponent. Saral Vastu never assures any miracle as alleged or otherwise and it is acknowledged by the complainant in registration form.
15. It is not denied that Shri.Sharan is representative of opponent. The complainant in one breath has stated that there was no positive
10 CC/31/2017 response from the services of opponent while in para 11 of complaint he has submitted that his business was going smoothly. The Saral Vastu services can not be responsible for accident as alleged. The qualification and nature of work of father of complainant is not known to opponent. It is denied that accident occurred due to services given by representative of opponent. The complainant submitted that his business suffered due to injury sustained to him and he could not focus on his business. The opponent is not responsible for it.
16. It is alleged by complainant that his daughters academic performance is deteriorated. It is denied that opponents representative received any call from complainant. The opponent has denied the claim as assessed and claimed by complainant.
17. The complainant again filed rejoinder to the w.s. given by opponent. That the opponent Chandrashekhar Guruji submitted his age as 53 years and not able to remain present before the Forum. It is alleged that the opponent made certain false statements. It is the contention of complainant that he made clear the factual position of unfair practice adopted by the opponent . He does not know internal
11 CC/31/2017 arrangement of opponent as to who is the partner and who is the Director of company. The opponent avoided to give receipt of payment made initially. After filing complaint he received receipt of payment made to opponent of Rs.10,000/-. It is not only the case of complainant but also it happened with various persons, to whom the opponent compelled to take his services, promised for miracle changes in life. It is also denied that he gave express consent. It is contended that the opponent suggested to inspect the house to find out problems and handed over Bhanamati kit (a wicked magical device). Thus, the complainant in his rejoinder denied the contention of opponent mentioned in his written statement.
18. Heard learned Adv. for complainant and opponent. On the basis of respective submissions of the parties following points arise for our determination. We have noted them along with our findings accordingly for the reasons to follow. Sr.No. Points. Findings.
1. Whether, there is relationship as Yes. Consumer & service provider between Complainant & opponent?
2. Whether the complainant proved that No. There is deficiency in service/ mal Trade practice on the part of opponent Towards him?
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3. Whether, the complainant is entitled No. For compensation?
4. What order ? As per final order. REASONS
19. Point No.1 :- The opponent raised objection that the opponent is C.G.Consultancy, a partnership firm and there is no direct contractual obligations on him, which covers within the definition of Consumer or service provider under the Consumer Protection Act,1986. To which the complainant replied that on seeing advertisement of opponent Chandrashekhar Guruji, he contacted him on telephone, he sent his representative Mr.Sharan to visit and inspect the house of complainant. He has charged Rs.500/- towards visiting fees. On inspecting the house of complainant, he recognised some problem and suggested the services of Saral Vastu. Said Registration form at page No. 22 which bears the signature of opponent with his name. The opponent has received Rs.10,000/- towards the kit and services of Saral Vastu. According to complainant he does not know the internal arrangement of opponent.
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20. The opponent has not disputed the Registration form produced at page no.22 issued by opponent to complainant, and has signature on it. On the contrary the opponent has also produced on record the copy of proposal form submitted by complainant to opponent accepting the contract therein and bearing signature of complainant. If these two documents are read together it shows proposal and acceptance between the parties , where complainant consented for adopting the services of Saral Vastu suggested by opponent through his representative and issued registration form. The opponent has also received visiting fees and fees towards kit and services Rs.10,000/- These admitted facts and documents are sufficient to bring them within the definition of consumer and service provider irrespective the fact that whether the agreement and the services are admissible or enforceable under law, is the different aspect.
21. Point No. 2 :- It is alleged by the complainant that the opponent by way of advertisement and T.V. Chanel and website , is misleading the common man like complainant. He contacted opponent on telephone. The opponent through his representative Mr.Sharan visited his house, who assured him that if he adopted the
14 CC/31/2017 Saral Vstu services he would get 100 % result in his family for happiness, growth in business, relation between husband and wife, progress in education of children. Said Mr.Sachin compelled complainant to purchase product of Saral Vastu. He Placed those articles at several places in the house of complainant and assured him that after 3 month he would get good results. The opponent initially contacted him on telephone for two months and was asking, him about progress/result if any, and the opponent was assuring the complainant that he would get good result. However, after two months opponent stopped receiving phone call of complainant and asked him not to contact further.
22. According to complainant in the month of December the complainant himself and his father, mother and wife had been to Nashik for religious tour (Deo darshan) and met with an accident in travel. In the said accident his father and his wife died and he himself and his mother sustained permanent disability. His father after his retirement was engaged in accounts consulting. His wife was doing tailoring business and he himself was doing solar business and his daughter was having good academic carrier. But due to adopting, the Saral Vastu services it started giving negative results. He lost his
15 CC/31/2017 father, wife and he also required to stop his business, his mother is bed ridden , his daughter failed in 3 year polytechnic in the month of May 2016.
23. The opponent to the aforesaid contentions replied that Saral Vastu is not suggesting or claiming any miracle or any magic or superstitions. Saral Vastu services are based on Ancient Vastu Shastra (building construction) and modern science of building construction. The opponent has made experiments on the basis of study of ancient Architecture (Vastu Shastra) and modern science of building construction. He himself is a Civil Engineer. He noticed that people are being exploited under the garb of Vastu Shastra. But it is just like Jotir Vidya (astrology) which is adopted by UGC, for educational course. Thus, Saral Vastu Shastra is based on Science of positive and negative energy. Their consultancy is established on the said principles. They are suggesting to make proper arrangement in the (vastu) residence/ work place, so that one may get enough happiness in his life which improves his working ability.
24. The Architect or engineer may suggest to make changes in existing construction. But the consultancy of opponent is suggesting
16 CC/31/2017 proper arrangement in existing home, which the opponent has suggested in his book Saral Vastu. The opponent is trying to help the common persons and it is made clear by C.G.Consultancy in the book as well as in the proposal form that no miracle would occur. It is categorically made clear in the proposal form that no magical remedy or services that are barred under law of the land are offered under this service engagement.
25. It is important to note that the complainant gave emphasise on the registration form at page No.22 and submitted that the opponents representative assured that he would get 100 % results within 3 to 8 months on availing the products of Saral Vastu. He will get happiness, peace and growth in the business and progress in education of children. The complainant besides his additional pleading tried to use word Bhanamati Kit for the kit provided by the opponent to him and thereby tried to interpret the services otherwise, than actual contents in the registration form. In fact, in the registration form it is mentioned that the Saral Vastu services are based on construction science. He blend the ancient Vastu Shastra and modern construction science. It is categorically mentioned that the complainant will be required to follow the instructions given by
17 CC/31/2017 the representative of opponent and if he has followed it 100 % with positive thinking he would get the result in the Saral Vastu book, made available to the complainant. It is made clear as to what is Saral Vastu services and as mentioned earlier it is based on positive and negative energy and the systematic arrangement of the things, in the house/working place. It is categorically mentioned in the Registration form on that no magical remedy or services are assured, which are barred by law, therefore, without any experience from the kit or any proof to that effect, the allegation of complainant that opponent provided Bhanamati kit (wicked magical device) is not acceptable.
26. The learned Adv. for the complainant has also submitted that besides the kit some chart was made available to the complainant showing good directions & bad directions and lucky figures, in respect of each family members and to follow the instructions as per chart. He is though claiming that it was assured that some miracle changes will happen but the things in the form of crystalline objects (sphatic) and pyramid. It is already made it clear that the opponent is claiming that the principle of Saral Vastu is based on positive and negative energy and having scientific base. Of course, there is
18 CC/31/2017 nothing to assess or to satisfy before us, how assurances are based on ancient or modern Wastu Shastra, or having scientific basis.
27. On going through the book Saral Vastu produced by complainant it reveals that in the said book, it is mentioned that Saral Vastu is not assuring any miracle or magic. It is claimed that it is based on ancient Vastu Shastra and modern services of architecture and technologies and it is resourceful implementation of ancient Vastu principle. It is also claimed by opponent that by use of Saral Vastu products one may enjoy astoundingly positive atmosphere that would bring highly positive thinking and in transforming personality development, better planning and organising by staying in neatly arranged and good ambiance residence/work place. The use of Saral Vastu products increase boldness, rational and better working capacity, health, good living of member of family and thereby contributing overall betterment.
28. In short according to opponent concept of Saral Vastu help to organise the home and work place properly, pleasantly and positively. Irrespective of claim by complainant, one can also take judicial note that if we get proper arrangement of things in the
19 CC/31/2017 house, ventilation air and light it naturally helps to make the mind fresh and happy. However, there is no evidence brought on record what is logic behind the use of the articles of crystal which provides positive energy or any scientific basis to it.
29. With this we would come to the grievance of the complainant. The complainant is claiming that he did not get the result from the service of Saral Vastu in spite of suggestions given by the representative of opponent followed by him. He has admitted that the representative of opponent was contacting him for follow up but after 2 month he stopped it, and asked him not to contact. In this regard there is no correspondence produced on record. The complainant has produced call details record of his mobile and tried to establish that he gave several calls to opponent. If at all the opponent or his representative were not paying any heed to him, he would have made correspondence in writing. But it appears that there is not a single correspondence in writing ever made by the complainant to opponent.
30. It reveals from the contention of complainant that his grievance are based on the incident of accident, which he met on 15
20 CC/31/2017 Dec.2015 in which his father and wife expired. His mother and he himself became permanently disabled and due to which his entire family is destroyed or ruined. He is required to stop his business. Thus, since the month of August from adopting services till December 2015, there appears not a single document showing any grievance or complaint on the part of complainant against the opponent.
31. The alleged incident of accident is concerned which took place on 15 December 2015. When the complainant his family members had been to Nashik. But there is no document or FIR or spot panchanama showing the manner in which said accident occurred, where FIR is registered or not, is not produced on record.
32. On the contrary the opponent has drawn our attention towards the contention in the book Saral Vastu wherein it is made clear that Saral Vastu book states that nothing can control or avoid the death of a person even if he adopted Saral Vastu services. Moreover, the accident took place at Nashik. Whatever services are given they are given by making arrangement in the house, to get happiness growth, in business, happy relation with husband and wife. Here entire complaint is revolving around the incident of accident,
21 CC/31/2017 which has certainly affected family life of complainant and his family members.
33. It is also brought to our notice that the complainant in para 10 & 11 of complaint was the expert and renowned in banking service and was working as a advisor and due to death of the father the complainant sustained loss to his family. His wife was expert in tailoring business. Her business was going on smoothly. Due to death of his wife his happy marriage life destroyed. The children lost the love and motherhood forever. He himself and his mother have sustained permanent disability and required to incur huge expenses on their treatment. He got disturbed as sustained tremendous loss in his business. His daughter failed in examination of third year engineering. He is required to close his business.
34. It is important to note that regarding accident and the manner in which it took place, no document is produced on record. Moreover, in the said accident two family members died and two were seriously injured which has caused loss in his income and disturbed his life and education of his daughter.
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35. Thus, admittedly all these things are the result and consequences of accident which no one could have anticipated or predicted. However, the complainant is claiming that it is happened due to services of Saral Vastu provided by opponent.
36. The complainant further alleged that he has informed the aforesaid incident of accident to the opponent. But they kept saying that he should keep patience and not to worry. However, as argued by opponent since August till 15 December the complainant never raised grievance that he was not getting good result or found any change. On the contrary in his pleading he is claiming that his family life was going on smoothly. Therefore, bear pleading that opponent stopped contacting him after one year of accident, is not acceptable.
37. Moreover so far as afore mentioned allegations are concerned there is no logic in this submissions that it is happened due to Saral Vastu services or kit provided by the representative of opponent. Moreover, his allegations that opponents representative compelled him to purchase the Saral Vastu product and his life is destroyed due to said services is alleged for the first time by issuing notice to opponent before filing the consumer complaint and further during
23 CC/31/2017 pendency of complaint the complainant exaggerated by using word Bhanamati kit to the kit which is in the form of crystals.
38. It is true that the complainant met with an accident, which is certainly unfortunate incident in his life which has tremendously affected his life. But from it no inference can be drawn that it happened due to Saral Vastu services provided by opponent. Admittedly there is proposal form and registration. Wherein it is made clear that if on adopting or implementing instructions suggested by representative of opponent 100 % & if he will not get any change, he may claim refund of amount. But no such claim is made by complainant, for not getting result up to 2 to 3 months. It is also not the case of complainant that the opponent avoided to refund the fees. Admittedly, the complainant paid Rs.500/- towards visiting charges to their residence and paid Rs. 10,000/- towards the fees for services to the complainant . Besides this no fees or amount is claimed by the complainant from the opponent, so that one will infer that the opponent, in spite of assurance failed to give services.
39. There is no evidence to show that there is deficiency in service on mal trade practice adopted by opponent towards the
24 CC/31/2017 complainant. It is alleged that the opponent deceived the complainant and compelled to take services, with assure that, he would get happiness in life, progress and growth of family members. In fact, the documents at page No. 22, 413 are speaking otherwise, that the allegations. Moreover, admittedly the copy of saral vastu book is written by opponent which is also not disclosing that the opponent assured any kind of miracle, besides the principles based on his study of ancient and modern science of construction or architecture called as Vastu Shastra.
40. The complainant produced the copy of online comments of the persons from the society, on the Saral Vastu . However, these Xerox copies said comments and trying to emphasise on it without examining any witness on it or filing affidavit of evidence.
41. With the aforesaid discussion the complainant failed to prove that the opponent compelled him to purchase Saral Vastu products by deceiving him. Admittedly, the complainant himself contacted opponent and agreed to take his service with his own will and consent. The nature of service agreed by the complainant to take from opponent, to achieve happiness, growth and improvement and
25 CC/31/2017 progress in the family members, which is depend upon subjective satisfaction of the person. Which can not be assessable or perceivable, which is also not based on any logic or proved by scientific method. Hence, such type of agreement is impossible to enforce. For this reason also the present complaint is not maintainable. With the aforesaid discussion we answer the point No.2 in the negative.
42. In view of our finding on issue No.2 the opponent is not entitled to claim the compensation. We therefore, constrained answer the points accordingly and pass following order. ORDER
1. Complaint No. 31/2017 is hereby dismissed.