BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

24^TH DAY OF FEBRUARY 2016

O R D E R

SMT. P.K SHANTHA, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to direct the OPs to refund the amount of Rs.14,990/-, to pay credit card interest  as per HDFC Bank rules and to pay compensation towards harassment and waste of time for not being able to buy and use any alternative product along with litigation cost.

2. The brief averments made in the complaint are as under:

On 25.05.2015 the complainant made an online credit card transaction to purchase Eureka Forbes Aquaguard Reviva water purifier RO+UV+TDS controller water purifier through his wife’s HDFC Bank Credit Card.  The amount of Rs.14,990/- has been deducted from the Bank account and complainant got SMS from HDFC Bank.  But OP Company did not confirm this transaction.  The complainant contacted the OP Company regarding his online payment.  But OP Company did not confirm that amount has been received or not by them where as the HDFC Bank confirmed the online transaction was successful and complainant credit card statement also showed the same.  The complainant filed dispute form to Bank and Bank considered the transaction as under dispute mode.  At the same time the complainant got all the details from HDFC Bank.  From 20.06.2015 onwards the complainant tried to contact the OP Office with relevant details.  As on today OP Company officials did not respond properly for the e-mail communication and several phone calls made by the complainant.  They did not register the e-mail complaint of the complainant.  Hence, complainant sent registered letter to OP Company calling upon OP that he has not received the product and to return the amount Rs.14,990/- as soon as possible, failing which he is planning to file complaint against the Company in Consumer Court. Hence, the complainant felt deficiency in service on the part of the OP.  Under the circumstances, he is advised to file this complaint against OP.

3. For the aforesaid reasons, complainant prays for directing the OP Company to return the amount of Rs.14,990/- along with credit card interest and compensation towards harassment and waste of time together with litigation cost. 

4. In response to the notice issued, OP appeared through their advocate and sought time for filing version.  However, despite sufficient time and opportunity given, OP failed to file version. 

5. On being called upon the complainant filed his affidavit evidence reiterating the allegation made in the complaint and relied upon four documents.

6. The above said assertions of the complainant have remained unchallenged.  OPs neither filed version nor contested the claim of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

7. Let us have a cursory glance at the documents produced by the complainant.  Document No.1 is the copy of letter reference to the complainant’s HDFC credit card account which shows the amount of Rs.14,990/- credited from the complainants account.  Document No.2 is the reply of OP after the complainant’s online credit card transaction.  Document No.3 is the copy of the notice of complainant to OP. 

7. On perusal of oral and documentary evidence of the complainant, it is crystal clear that the complainant has made online credit card transaction to purchase a Eureka Forbes Aquaguard Water Purifier through his wife’s HDFC Bank credit card.  But the OP did not confirm this transaction and also not responded properly for the e-mail communications and several phone calls made by the complainant.  Hence, the complainant wanted to take legal action against the OP Company for irresponsible and negligent behavior in not responding to any of the communication and not refunding the amount credited from the complainant’s account.

8. From the material available on record, an amount of Rs.14,990/- has been credited from the complainant’s account through HDFC Bank.  Despite receipt of the said amount the OPs neither delivered the product nor refunded the amount.  OPs are liable to refund the above said amount as they have not delivered the product.  Since, OPs have not contested the matter, there is nothing to disbelieve the sworn testimony of the complainant and the documents produced by him.  The complainant has proved deficiency in service against OPs.  We are of the considered view that OP 1 & 2 are liable to refund the amount Rs.14,990/- along with interest at 12% per annum and litigation cost of Rs.3,000/- apart from compensation of Rs.5,000/-.  Accordingly, we proceed to pass the following:

 O R D E R

1. The complaint filed by the complainant is partly allowed.

2. OPs 1 & 2 are directed to refund the amount Rs.14,990/- to the complainant along with interest at the rate of 12% per annum from 25.05.2015 till the date of realization.

3. Further OPs are directed to pay compensation of                    Rs.5,000/- to the complainant towards deficiency in service together with litigation cost of  Rs.3,000/-.

4. This order shall be complied within 30 days from today.

5. Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 24^th day of February 2016)

MEMBER                            MEMBER                     PRESIDENT

Nrs* 

COMPLAINT NO.1281/2015

Witnesses examined on behalf of the complainant dated 04.09.2015. Sri.Krishnan.E.P

Witnesses examined on behalf of the OPs – Absent

List of documents produced by the OPs – Nil

MEMBER                           MEMBER                      PRESIDENT