Complaint U/s.35 of the Consumer Protection Act.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Hitender Atri, Advocate.
For OP : Exparte.
ORDER
PER MONIKA BHAGAT, MEMBER
1. Briefly stated, the facts of the case are that the OP allured the complainant that they provide complete solution for selling goods online, end to end that an uneducated retailer and further allured to provide online products to the complainant and will sell the same through Amazon, Flipkart and other platform. Felling into trap of the OP, the complainant transferred Rs.20,000/- on 14.12.2022 from his credit Card which as per the OP was refundable. The complainant stated that after receiving the payment, the OP started demanding unnecessary formalities from him which was never told before receiving the payment. The complainant sent Emails to the OP to refund Rs.20,000/- and the OP asked his bank account detail for refund the amount. The complainant provided his bank account detail to the OP and the OP assured to return the payment within 90 days but thereafter, the OP kept the matter delayed and lastly refused to make payment. According to the complainant, the OP is guilty of negligent and deficiency services and for adopting unfair trade practice. In the end, the complainant prayed to issuing direction to the OP to refund the amount of Rs.20,000/-, litigation expenses of Rs.20,000/- and compensation of Rs.1,00,000/- for suffering mental harassment and torture.
2. Notice sent to the OP was received with report of refusal and further none turned up for the OP and as such, the OP was proceeded against exparte vide order dated 31.01.2024.
3. In support of his claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered Ex. C1 is the copy of his Aadhar Card, Ex. C2 is the copy of Credit Card Statement w.e.f. 08.01.2023 to 26.01.2023, Ex. C3 to Ex. C8 is the copy of Email correspondence and closed the evidence.
4. We have heard the exparte arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents produced on record by the complainant.
5. Tempted and Attracted by the representation of the OP to provide complete solution for selling his goods online i.e. through Amazon, Flipkart and other digital platforms, the complainant transferred Rs.20,000/- on 14.12.2022 with the OP as shown in Credit Card Statement from 08.01.2023 to 26.01.2023 Ex. C2. According to the complainant, the OP did not provide any service despite receipt of Rs.20,000/- so he requested the OP to refund his paid amount. The complainant also sent Emails to the OP and the OP vide Email dated 02.02.2023 at 12.22 PM Ex. C7 assured the complainant that they are processing the refund and estimated time for refund is 90 days and further asked the complainant to share account details for crediting the refund amount directly into his bank account. As per the complainant he did not get any refund from the OP side even after providing the bank account details and as such, he has to knock the door of this Commission. Although the evidence placed on record by the complainant has gone unrebutted. The OP has failed to refund the amount of Rs.20,000/- to the complainant despite receipt of Bank Account Details and as such, it would be just and proper if the OP is directed to refund the deposited amount of Rs.20,000/- along with interest @8% from the date of deposit i.e. 14.12.2022 till date of actual payment along with composite costs of Rs.5,000/-.
6. As a result of above discussion, the complaint is exparte partly allowed with an order that the OP shall refund Rs.20,000/- along with interest @8% per annum from the date of deposit i.e. 14.12.2022 till the date of actual payment. The OP shall further pay a composite cost of Rs.5,000/- (Rupees Five Thousand only) to the complainant. Compliance of the above order be made within 30 days from the date of receipt of copy of order Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
7. Due to huge pendency of cases, the complaint could not be decided within statutory period.
(Monika Bhagat) (Sanjeev Batra)
Member President
Announced in Open Commission.
Dated:27.08.2024.
Gobind Ram.
