SUNNY GARG Vs. ZILS LIMITED

JUDGEMENT

(1.) The complaint was filed by the appellant being Complaint Case No.31/2004 by Mr. Sunny Garg resident of House No.6132, Modern Housing Complex, Manimajra (U. T.), Chandigarh against ZILS Limited, Mumbai; Shri Arvind Gujral, Zonal Manager, ZILS Limited, Zonal Office, New Delhi; Branch Manager, ZILS Limited, Sector 21, Chandigarh and Mr. Subhash Chandra, Chairman, Zee Telefilms, Mumbai seeking compensation for deficiency in service on the part of O. Ps. and sought refund of a total sum of Rs.20 lacs.

(2.) The appellant who had earlier took admission in the Punjab Engineering College, Chandigarh after clearing the entrance test and joined the same in July, 2000. After studying for about two months, he came across an advertisement published by the O. Ps. in newspaper The Tribune, Chandigarh dated 4.9.2000 and felt interested in the proposal regarding technology proposed to be brought by the O. Ps. He left the Engineering course and preferred to be an entrepreneur by making him self-employed. He approached the O. Ps. for being appointed as an entrepreneur for various places including Chandigarh. The O. Ps. had highlighted in the advertisement that Zee Livewire Network will converge IT, Satellite and Telecommunication technologies to transform the way people interact. The complainant met Assistant Manager, Project Mr. Harjeet Chhabra on 4.9.2000 in Hotel Piccadily, Chandigarh and after discussion with him, he decided to run ZIL Franchise Centre, Model-I for territory of Chandigarh, Mohali and Panchkula on the terms and conditions agreed upon between the two. The complainant deposited with the O. Ps. a sum of Rs.11.59 lacs as initial amount through cheques and drafts on various dates and took on rent the ground floor building of S. C. O. No.82-83, Sector 8-C, Chandigarh and created required infrastructure as per the guidelines of the O. Ps. and completed the interior within 15 days by spending about Rs.5.50 lacs on the infrastructure as per the specification of the O. Ps.

(3.) The entire infrastructure so set up was inspected by the O. Ps. and the same was found satisfactory. Under the terms and understanding between the complainant and the O. Ps. , it was the sole responsibility of the O. Ps. to provide the complainant entire technical know-how of Zee Livewire System and support including marketing support. ZILS also assured to provide assistance/support/help from time-to-time in order to ensure smooth running of the interactive centre. It was alleged that the O. Ps. did not fulfil their commitment to provide Zee Livewire (Model-I) in time as a result of which the complainant suffered huge loss. A fax message dated 23.3.2001 was sent by the O. Ps. regarding the inordinate delay in the start of the centre and the day-to-day losses suffered by the complainant on account of building rent, interest on investment, depreciation, office and establishment expenses.