PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-235/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Kshirod Kumar Rana,

S/o-Arun Kumar Rana,

At-NuasahiRairakhol, Sambalpur

Dist-Sambalpur-768106, Odisha

Mob No. 9090809240

Email ID-ksshirodrkl@gmail.com                                     ……….......Complainant.

Vrs.

1. One 97 Communications Ltd,

One Skymark, Floor No. 6th to 22nd,

Tower-D,Plot No. H-10B, Sector-98, Noida-201304

Phone: +91-120- 4770770, Customer Care: 0120-4456-456

Merchant Care: 0120-4440-440

2. One 97 Communications Ltd,

6th Floor, Eco Station, BP 07,

Salt Lake, Sec-5, Kolkata-700091

Customer Care: 0120-4456-456

Merchant Care: 0120-4440-440                            .…....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.Ps.                       :- Ex-parte

Date of Filing:25.11.2023,  Date of Hearing :21.05.2024  Date of Judgement : 25.06.2024

Presented by Sri SadanandaTripathy, Member.

1. The case of the Complainant is that the Complainant has ordered a Paytm 3.0 Sound box for his mobile store on 27^th Sept, 2023 and it was delivered on 30^th Sept, 2023. The actual MRP of the product was Rs. 1999/- and  after discount it is Rs. 1997/-. After discount of the product its final price is only Rs. 2/- and its has no delivery cost. The Complainant purchased the product at Rs. 2/- through paytm app. After activation of the Sound box according to terms and condition of the device Rs. 1/- will be deducted as Device rental from merchant settlement account every month. The Complainant used the device for his mobile store/business. After one month the Complainant verified his settlement account and it’s observed that 79/- deducted from his account on Nov, 2023 and another Rs. 79/- on 30^th Nov, 2023 without knowledge of the Complainant. The Complainant raised a complaint to the customer care but they told that the device rental per month is only Rs. 1/- and extra charges will be refunded in your account. After several requested for refund the money Rs. 158/-, the OPs did not turn up, for which finding no other way the Complainant filing this case before this Commission for redressal.  
2. The OPs are set-exparte.
3. From the records and evidences, it is observed that after several request of the Complainant the OPs not refunded the money Rs. 158/-, the OPs did not turn up, which amount to deficiency in service and unfair trade practice on the part of the Ops as per terms and conditions of supply. Accordingly it is ordered.

ORDER

The case is disposed of on merit. The O.Ps are directed to refund the Complainant Rs. 158/- with 9% interest which was debited from the account of the Complainant and deposited to the account of the OPs from the date of filing of this case, Rs. 30,000/- towards harassment and mental agony suffered by the Complainant as compensation and Rs. 10,000/- towards litigation fees within 30 days from the date of receipt of the order, failing which the entire amount will carry 9% interest per annum till realization.

Order pronounced in the open Court today on 25^th day of June, 2024.

Free copies of this order to the parties are supplied.