MR RAMSANKAR NAYAK, MEMBER…          The factual matrix of case is that, the complainant indented for a Vivo mobile back cover through online vide order No.403-9580758-9968337 on dt.25.08.2016 from the O.P. for Rs.345/- through his debit card and the transaction was made successful. But instead of sending the product the O.P. sent an email that the order is declined for nonpayment. Hence the complainant approached his bank through a complaint who clarified that the payment is successful. The complainant still waiting for the product but the O.P. neither send the product nor refund its price to the complainant. So he contends that, the O.P. is a multinational company but prior to receive the amount declined to deliver the product which is illegal and unfair, for which act the complainant suffered from mental agony and financial losses. Due to such deficiency in service by the O.P., the complainant suffered mental agony and financial losses. Hence he prayed to refund the price of the indent product and a sum of Rs.25,000/- as compensation and cost for such malfeasance action of O.P..

2.         The counsel for O.P. Mr Sudhansu Sekhar Mishra entered his appearance on dt.07.12.16 to file his counter in the case wherein he specified nothing except prototyped, unwarranted and evasive denials. He further contends that, as there was no transaction made between the complainant & O.P., the complainant is not a consumer, hence he prayed that, the case is liable to be dismissed.

3.         The complainant has filed copy of certain relevant documents like email copies, bank statement, reply email etc. The complainant & counsel for O.P. has been heard the case at length and perused the record.

4.         From the transactions it reveals that the complainant has ordered for the mobile cover in question on dt.25.08.2016 and payment was made through his debit card, but though Rs.345/- paid by the complainant and credited into the A/c of O.P., the O.P. failed to send the product to the present complainant and on several approaches by the complainant, the O.P. denied to have receive any payment from the complainant. On verification of record it is found that, after denial of O.P., the complainant immediately approached the concerned bank through written complaint and the bank also averred that the payment credited to the A/c of O.P. successfully. But it is seen that, the complainant time and again approached the O.P. for the product or refund the price, but no positive response yet made by the O.P., hence the complainant craves the leave of this forum and prayed for compensation for such unfair practice and deficiency in service. Considering the evidences, submissions by the complainant, we are of the view that, the O.P. Company being a multinational online hub do not dealing with its customer in lenient manner, for which action the complainant suffered mental agony and also inflicted financial losses and valuable times due to such dilly dallying practices of O.P.

5.         From the above discussions and perusing the submissions filed by the complainant, it is noticed that, the O.P. despite receiving notice of this forum is failed to take any initiations to settle the matter of complainant and there is nothing to reject the contentions of complainant, hence we feel that the action of O.P. is illegal, highhanded and unfair which amounts to deficiency in service and hence the O.P. found guilty under the provisions of C.P.Act 1986, so the complainant is lawfully entitled for relief. As thus the complaint is allowed against the O.P. with costs.

                                                               O  R  D  E  R

i.          The opposite party supra is hereby directed to refund Rs.345/-/- (Rupees Three hundred & Forty Five) towards the price of product, inter alia, to pay Rs.5,000/-(Five Thousand) as compensation and a sum of Rs.2000/-(Two thousand) towards the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum from the date of this order to till its realization. Order pronounced on this the 25th day of Jan' 2017.

                      Sd/-                                                           Sd/-

                 MEMBER                                           MEMBER, DCDRF,

                                                                               NABARANGPUR.