Haryana

Bhiwani

CC/13/2023

Vijay Electronic - Complainant(s)

Versus

360 Digital Click - Opp.Party(s)

R.K Verma

15 Jun 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.13 of 2023

                                                DATE OF INSTITUTION: - 20.01.2023

                                                            DATE OF ORDER: -             15.06.2023     

 

Vijay Electronics ,Radhika Complex,  Opp. K.M. Public School Vijay Nagar, Hansi Road Bhiwani, Haryana-127021 Through Its Manager Vijay Kumar

                                                                                                ….Complainant

Versus

1. 360 Digital Click ,  Having Its Head Office At  MD Complex, Sco 232/233,  Samrala Chowk, Ludhiana-141008  Through Its Authorized Person.

    

2. 360 Digital Click, One Of Its Office At:  Park Street, Poddar Point, M.A Business Centre, Kolkata, West Bengal 700016 through Its Authorized Person.   

 

3. 360 Digital Click, One Of Its Office At G-19, 2^nd Floor, Sector-69, Noida, Uttar Pradesh, Through Its Authorized Person.

…Opposite Parties

 

COMPLAINT U/S 35 OF 2019 CONSUMER PROECTION ACT

 

BEFORE:       Mrs. Saroj Bala Bohra, Presiding Member

Sh. D.M. Yadav, Member

 

Present:-          Shri Deepanshu Tuteja, Advocate for complainant.

            OP no. 1  already exparte vide order dt. 17.03.2023.

            OP no.2&3 given up vide order dt. 17.03.2023.

 

ORDER:-

 

Saroj BalaBohra, Presiding Member:

 

1. Brief facts of the complaint as per complainant are that on 07.09.2022, one of the official of the respondents namely Mr. Amandeep having contact No.7340715008 has approached the complainant and had introduced himself as the employee of the respondents company and had acquainted with the Digital Marketing Services/Web Services provided by the respondent company for promoting the business and also told to the complainant that this is the best leading digital marketing company in the market. Further, Mr. Amandeep had suggested to the complainant to avail the keyword renewal & virtual 360 degree tour package for promoting the business online worth Rs. 5,000/- only. It is alleged that complainant on the basis of the promises and commitment made by Mr. Amandeep Singh has availed the services of respondents company for promoting the business of Web and respondents official namely Mr.Amandeep had issued the Estimate order bearing No.2326 dated 07.09.2022 and promised to complete the Keyword Renewal and 360 Degree virtual Shoot within 10-15 days after the receiving of the payment. On the basis of assurance and promise made by Mr.Amandeep Singh, the complainant has paid the amount through NEFT on the next day i.e. 08.09.2022 and the same has been informed to Mr.Amandeep. After waiting sufficiently 10-15 days, the complainant has checked/searched the business on web but the same was not promoted online and no video shoot of 360 degree virtual tour has been done by the official of Respondents Company. It is further alleged that on 03.10.2022, the complainant has called respondents official namely Mr. Amandeep who had visited complainant office to enquire about the status of the promotion of business on web and 360 degree shoot and Mr. Amandeep has informed to the complainant that there was some delay due to non availability of the staff and the same has been done with the 10-15 days.

            Again waiting sufficiently on 21.10.2022, the complainant has again contacted Mr. Amandeep and also on the customer care number with regard to the services promised by the Mr. Amandeep and both the officials told that due non-availability of the photographer at respondents location, there is some delay in services and the same has been done after the Diwali Festival or in the first week of the November, 2022.

            That in the first week of the November 2022, the complainant had again called Mr. Amandeep and the customer care number but they does not pay any heed to the request of the complainant and lingered the matter on one pretext to another pretext till dated.

             It is further alleged that no virtual 360 degree shoot had been done by the respondents company and neither the business of the complainant has promoted by the company till date despite of paying the amount as demanded by them which amounts to the deficiency of services and unfair trade practice and as such the complaint come to this Hon’ble Commission.

            The complainant had also sent the legal notice through counsel dated 29.12.2022 to the respondents. However, the legal notice sent to the respondent no. 1 received back with the endorsement that no such person in the address. And the legal notice sent to the respondent no. 2 had received back with the endorsement that “Item returned unclaimed” and the legal notice sent to the respondent no. 3 received back with the endorsement that the “Addressee Left Without Instructions” which means that the respondents had deliberately avoid the service of the legal notice. It is therefore, prayed that the complaint may kindly be allowed in favour of the complainant and against the respondents. Respondents be directed-

1. To  pay a sum of Rs. 5,000/-  towards the consideration amount paid for  the services  along with interest @ 18 % p.a. from the date of payment till its realization
2. To pay a sum of Rs. 51,000/- as compensation on account of mental pain, agony, harassment, frustration and sufferings
3. To pay a sum of Rs. 11,000/- towards the litigation expenses.

2. Notice was issued to the opposite party no.1 through registered post but no one appeared on behalf of opposite party no.1, therefore, the opposite party no.1 was proceeded against exparte vide order dated 17.03.2023 of this Commission.
3. Counsel for the complainant has given up OP no.2&3 being unnecessary party vide order dt. 17.03.2023.
4.  Counsel for the complainant has tendered affidavit Ex.CW1/A and documents Annexure C1 to Annexure C7 and closed the evidence vide his separate statement dt.21.04.2023.     
5. We have gone through the record of the case carefully and have heard the learned counsel for the complainant.
6. In the present case, it is not disputed that Estimate Order was provided by the Opposite Party No. 1 which is proved from the Annexure C-2. Further, as per document Annexure C-3 the complainant has paid the amount of Rs. 5,005/- to Opposite Party No. 1 by NEFT. From the documents placed on record, it is proved that complainant had paid the amount for the subscription offered by the Opposite Party No. 1. Further, as per the complainant, the Opposite Party No. 1 has failed to provide the digital marketing services as per the subscription mentioned in the Annexure C-2. It is also on record that Opposite Party No. 1 did not appear despite of service and were preceded against ex-parte. And Opposite Party No. 2 and 3 is given up by the complainant as both are the branch offices of the Opposite Party No. 1 being the unnecessary party. As such it is presumed that opposite parties has nothing to say in the matter and the entire allegation leveled by the complainant against the opposite parties regarding non-performance of  digital marketing services as per Annexure C-2  stands proved. Hence, the non performance of  the assured digital market services after receiving the consideration amount by the Opposite Party No. 1 from complainant  is illegal and amounts to deficiency in service and  opposite party no.1 is liable to pay the amount of Rs. 5,000/-.
7. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the Opposite party No. 1 to pay the amount of Rs. 5,000/- (Rup ees Five Thousand Only) along with interest @ 9 % p.a. from the date of filing the present complaint i.e. 20.01.2023 till its realization to the complainant and also to pay Rs. 10,000/- (Ten Thousand Only) as compensation on account of  mental pain, agony, harassment etc. and Rs. 5,500/- (Five Thousand Five Hundred Only) as litigation expenses to the complainant within one month from the date of decision.

                        Copy of this order be supplied to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced in open Commission.

Dated: - 15.06.2023   

 

 

 (D.M.Yadav)                  (SarojBalaBohra)           

   Member.                       Presiding Member,

                                                          District Consumer Disputes

                                                       Redressal Commission, Bhiwani.

 

 

 

 

 

 

 

 

 

 

 

Present:           Shri Deepanshu Tuteja, Advocate for complainant.

OP no. 1  already exparte vide order dt. 17.03.2023.

            OP no.2&3 given up vide order dt. 17.03.2023.

 

 

                    Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

 

                  

Dt:15.06.2023          Member.                      Presiding Member,

                                                                   District Consumer Disputes

                                                                  Redressal Commission, Bhiwani.