CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.06/2012
SH. DEEPAK KUMAR JANA
S/O SH. ASHUTOSH JANA
R/O F-313, ALI VIHAR,
SARITA VIHAR, NEW DELHI-110076
…………. COMPLAINANT
VS.
SH. DINESH(OWNER OF WEBWEAVERZ TECHNOLOGIES)
1 HEAD OFFICE – 150A, 2ND FLOOR,
SANT NAGAR, EAST OF KAILASH,
NEW DELHI-110065
R/O IN FRONT OF DUGA PUBLIC SCHOOL
DEVLI VILLAGE, DURGA VIHAR,
NEAR SAINIK FARM, NEW DELHI-110062
………….. RESPONDENT
Date of Order:22.12.2015
O R D E R
D.R. Tamta – Member
The case of the complainant is that he is unemployed and had some business plan. That he registered one firm 4Yes in the Domain name 4Yes.in for which he needed one web hosting designer. Accordingly he met OP who committed to complete his Portal Base Website(with CMS Advanced Website) for Rs.8,750/- per portal(his requirement was 4 CMS Advanced Portal Management Sites). The total agreement was therefore for Rs.35,000/-. Complainant paid Rs.5,000/- on 06.01.2011 as booking amount. After that when complainant met OP about his project, OP showed him some ready site, which was not as per his requirement, so he did not agree. Then OP asked for more money and Rs.5,000/- were again paid to OP. Again when complainant met OP he was showed free site to which he again did not agree but OP asked for more money and OP was paid Rs.22,000/- in total and OP forced him to accept the free incomplete site, which he did not agree and demanded refund of his money but OP refused.
OP in reply stated that complainant came to his office and asked for a website in respect of real estate. He told that he wanted a website like 99acre.com. OP told him that 99acrecom is one of the biggest portals in India and have lot of functionalities that will cost more than lakh rupees. Complainant told him that he does not have that money so he suggested him to have a pre-developed property classified website on which he would add more functionalities. It is further stated that he made website application. He has detailed list of functionalities developed by him in his reply.
The cost taken from the complainant on completion of the website was estimated according to the nature of website and extra customizations added. The requirement of complainant increased day by day and that took time, therefore, there is no question of refund.
We have heard both the parties and carefully gone through the record. There is no written agreement. In the absence of any written agreement, it is very difficult to come to the conclusion as to what was agreed between the parties. OP has detailed the list of functionalities developed by him in his reply. In fact complainant has failed to prove any deficiency on the part of OP. Complaint is accordingly dismissed.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
