BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                               BENGALURU – 560 027.                              

DATED THIS THE 23^rd DAY OF SEPTEMBER, 2021

CONSUMER COMPLAINT NO.184/2020

PRESENT:                                                          

Sri.C.V.Maragoor, B.com, LL.M.               ….      PRESIDENT

Smt.L.Mamatha, B.A., (Law), LL.B.….    MEMBER

Mr. Chemmoth Anthony Mathew,

S/o Late C P Anthony,

Aged about 64 years,

Proprietor Mats Trading

A Proprietorship Concern,

2763, 17^th Main, E Block,

(Rep by, A.V Manjanna, Adv)

V/s

OPPOSITE PARTIES:

1. Domain India Private Limited,

Registered Office No.9, 3^rd Street,

S.F.No.637, Selvalakshmi Nagar,

Vidyalayam Palladam Road,

Veerapandi Post, Tirupur,

Tamil Nadu-641605.

Rep by Directors.

2. Mr. Suresh Director,

Domain India Private Limited,

Registered Office Nok.9, 3^rd Street,

S.F.No.637, Selvalakshmi Nagar,

Vidyalayam Palladam Road,

Veerapandi Post, Tirupur,

Tamil Nadu-641605.

3. Mr. Satish Director,

Domain India Private Limited,

Registered Office No.9, 3^rd Street,

S.F.No.637, Selvalakshmi Nagar,

Vidyalayam Palladam Road,

Veerapandi Post, Tirupur,

Tamil Nadu-641605.

(Exparte)

BY SRI C.V.MARAGOOR., PRESIDENT

******

//ORDER//

This complaint is filed under Section-12 of the Consumer Protection Act, 1986 to direct the opposite parties to pay Rs.4,35,000/- as compensation towards the deficiency of service not providing web portal to launch domain www.salesupersale.com to the complainant with interest at the rate of 18% p.a. from the date of transaction till realization and litigation cost.

         2.   It is the case of complainant that he engaged in to business with the opposite parties for the past five years.  The opposite party no.1 is the company and opposite party no.2 & 3 are the directors of said company.  The opposite parties 1 to 3 were aware that the complainant had bought the www.salesupersale.com domain on 26.01.2019. The opposite party informed the complainant that there was a spelling mistake in the email ID and again representative of opposite parties took the correct email ID from the complainant.  The opposite party has confirmed the domain www.salesupersale.com had been allotted and assigned to the complainant since 28.01.2019.  Thereafter the complainant started developing the web portal with the intention to launch a new web portal to serve the shops/establishments/companies in order to advertise their products for any sale to the public using the complainant’s web portal by paying nominal amount for advertising their sale.  In order to develop the said web portal the complainant had hired professional website developers and programmers to develop the same and paid huge amount to the programmers and designers with the intention to launch www.salesupersale.com on 15.08.2019 for the public. 

          3.  It is further case of complainant that on 10.08.2019 when the files were ready to be uploaded it was brought to the complainant notice by the opposite party that their company had failed to inform Crystal Register as a result of which the complainant was unable to log into the control panel or access the control panel as a result the dead line of launching of the webportal on 15.08.2019 was not met with nor has it met until this day.   The complainant has purchased another domain by spending Rs.678/- on 23.08.2019.  Every time the complainant started uploading files using the control panel, suddenly the control panel without any prior caution would got suspended and again the opposite parties have demanded fees to be paid in order to restore the service.  Hence this complaint.

          4.  Opposite party no.1 to 3 despite the service of notice proceeded ex-parte.

          5.  The complainant has filed his affidavit evidence and got marked Exs.P1 to P17 documents.  

              6. We have heard the oral arguments advanced by the learned counsel for complainant and in addition to that the Complainant has submitted his written brief and the points that would arise for determination are as under:

i) Whether the complainant proves the deficiency in service on the part of opposite parties?

ii) Is complainant entitled to the reliefs sought for?

        7. Our findings on the aforesaid points are as follows:

Point No.1:       In the affirmative    

Point No.2:      In the partly affirmative for the below

REASONS

        8. Point No.1 and 2:- The learned counsel for the complainant has submitted that the opposite parties have failed to provide domain to launch www.salesupersale.com web portal on 15.08.2019.  The learned counsel further submitted that even after furnishing domain the complainant was unable to log in to the control panel or access the control panel. The complainant in the affidavit evidence has reiterated the averments of complaint in detail.

9. The complainant has produced email communication made with the opposite parties to provide domain for launching www.salesupersale.com.  The documents produced by complainant prove that the opposite parties have failed to provide service to launch www.salesupersale.com web portal on time.  Even the domain supplied by the opposite parties was not working properly.  Thus the complainant has proved the deficiency in service on the part of opposite parties. 

10. The complainant has produced his bank statement issued by Axis Bank and Indian Overseas Bank for the period 2019 & 2020.   On perusal of bank transactions of the complainant it can be gathered that the business of the complainant is on an average below Rs.1,00,000/-.   The compensation asked by the complainant to the tune of Rs.4,35,000/- is on higher side and not supported by any material documents.  Therefore, the complainant is entitled to compensation of Rs.50,000/- towards mental agony and loss of business from the opposite parties in addition to litigation cost of Rs.10,000/-.  For the above reasons, we proceed to pass the following;

ORDER

The complaint is partly allowed directing the opposite party no.1 to 3 to pay compensation of Rs.50,000/- to the complainant within 45 days from the date of order otherwise, it carries interest at the rate of 8% p.a. from the date of default till its payment.

It is further ordered that the opposite party no.1 to 3 shall pay litigation cost of Rs.10,000/- to the Complainant within 45 days from the date of order, otherwise it carries interest at the rate of 8% p.a. from the date of filing the complaint till payment. 

Furnish the copy of order to the complainant and opposite parties at free of cost. 

 (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 23^rd day of September, 2021)                                            

                                    //ANNEXURE//

Witness examined for the complainants side:

Sri. Chemmoth Anthony Mathew, the complainant has filed affidavit.

Documents marked for the complainant side:

1. Certificate u/s 65(B) of Indian Evidence Act.
2. Copy of the email communications (2 sheets).
3. Seven Invoices.
4. Bank Statement of Complainant (Axis Bank in 5 sheets).
5. Indian Overseas Bank Statement of Complainant (12 sheets).
6. Mail Communication between complainant and opposite party (21 sheets).
7. Payment Receipt dated 16.10.2019.
8. Legal notice dated 30.10.2019.
9. Another Notice dated 15.11.2019.
10. Four Postal Receipts.
11. Courier receipts.
12. Three returned postal covers.

Witness examined for the opposite party side:                  

-NIL-

Documents marked for the Opposite Parties side: