Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(04/05/2013)
This complaint is filed by the aggrieved consumer against the opposite party for deficiency in service.. The brief facts are as follows,
1] The complainant is a resident of Kharadi, Pune – 14. On 15/11/2011, he had visited Big Bazar store at Kalyaninagar. At that time the representative of the opposite party approached him and they requested him to fill up the form for lucky draw. On 22/11/2011 the complainant had received call from the opponent and he was informed that he is selected as a winner from a lucky draw. He was requested to visit the local office of country club for collecting his gift. When he visited to the said office, he was informed about the plan of vacation and membership of country club. The opposite party offered the complainant that if he will pay an amount of Rs. 11,000/-, then he will become privileged member of Country Club and he can avail benefits of various offers of Country Club. He was also informed that he can pay an amount of Rs. 11,000/- in 60 EMI’s of Rs. 1850/- p.m. He was also informed that he can withdraw the agreement at any time, he will get 80% of the amount paid and he will get the original receipt of the amount paid by him. The opposite party took complainant’s Axis Bank credit card and fraudulently swiped Rs. 10,000/- from the same. On making enquiry he was promised that he will get full credit card limit within 24 hours and also issued a receipt of Rs. 10,000/-. Then the opposite party offered plan of Rs. 40,000/- in which the complainant will get the vacation tour, but no membership. For that he had paid an amount of Rs. 30,000/-. In addition to an amount of Rs. 10,000/-, which was already paid. He has paid an amount of Rs. 18,000/- by way of maintenance charges. Then the opposite party again took his credit card and swiped an amount of Rs. 48,000/- and issued receipt of the same. In all he had made payment of Rs. 58,000/-, but he has not received any services from the opposite party. Hence he has filed this complaint for deficiency in service and claimed compensation of Rs. 58,000/- i.e. amount paid by him, litigation expenses of Rs. 11,000/- and compensation for mental agony and harassment to the tune of Rs. 30,000/-. The total claim of the complainant is 99,000/-.
2] The opposite party though duly served, remained absent. Hence the complaint proceeded ex-parte against them.
3] The complainant has filed affidavit in support of his claim. He has also produced documentary evidence, such as receipt issued by the opponent dtd. 26/11/2011. Complainant has also produced receipts of Rs. 48,000/- and Rs. 10,000/-, which was paid by him through credit card. He has also filed agreement between the parties and the extract of his bank account from the HDFC bank, showing that he has paid EMI of Rs. 2665.67.
4] The complaint of the complainant is supported by documentary evidence and remained unchallenged. The complainant has claimed an amount of Rs. 58,000/-, which was paid by him. He is entitled to receive that much amount. He is also entitled to get an amount of Rs. 3,000/- by way of expenses of litigation and an amount of Rs. 10,000/- for agony and harassment. In all the complainant is entitled for an amount of Rs. 71,000/-. In the light of above discussion, we pass following order.
** ORDER **
1. The complaint is partly allowed.
2. It is hereby declared that the Opposite
Parties have caused deficiency in service
by not providing services as per agreement.
3. The opposite party is directed to pay an
amount of Rs. 71,000/- (Rs. Seventy One
Thousand only) to the complainant towards
compensation for deficiency in service, for
mental agony and harassment and by way
of litigation expenses within four weeks
from the date of receipt of copy of this order.
4. Copy of order be supplied to both the
parties free of cost.
