Delhi

East Delhi

CC/634/2014

PRAKRUTI - Complainant(s)

Versus

EXPRESS EMPLOYMENT - Opp.Party(s)

06 Jan 2017

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.         634 /2014

                                                                                                  Date of Institution                 05/08/2014

                                                                                                  Order Reserved on                 06/01/2017

                                                                                                  Date of Order                          09/01/2017  

                                                                                                        

In matter of

Ms. Prakruti R Mehta, adult   

R/o  B1, Vijay Aptt. Nr Karachi Hotel

Maninagar, Ahmedabad, Guj. 380008….……..…………………..….Complainant

                                                                  

                                                                     Vs

1-M/s  Express Employment Solutions Pvt Ltd.    

Block A, 652, Upper Ground Floor

New Ashok Nagar, Delhi 110096

 

2- M/s Info Edge (India) Ltd.        

A 88, Sector 2  

Noida, UP 201301……………………………………………………………….Opponents

 

Complainant Advocate……………………….……….Vijay Kumar Srivastav 

Opponent 1 ……………..………………………………….NEMO

Opponent 2………………………………………………… Amitendra Singh Antal –AR      

 

Quorum                                                                  Sh Sukhdev Singh      President

                                                                                 Dr P N Tiwari              Member                                                                                                   

                                                                                 

Order by Dr P N Tiwari, Member 

Brief Facts of the case                                   

Complainant resident of Ahmedabad, Gujarat, contacted a job portal of OP1 for getting a good job and as per the requirement for getting herself registered with OP1, paid a sum of Rs 2022/- through online as marked here as Annexure 1. She received a call from OP2 executive for reversal of her amount paid to OP1, but she did not agreed. Again, the same call was attended by her for reversal of her amount and asked for credit card details as the paid amount would be refunded in the credit card account as per the policy of the company, so she gave the details of her credit card details along with OTP which was sent through her HDFC Bank account. Thereafter she got a message that a sum of Rs 9998/-were deducted from her account.

 

She immediately contacted the executive of OP2 who had called her, and told about the incident. It was promised by the OP2 to revert the amount within 15 minutes, but she had to send new OTP second time than only the entire amount would be reverted.  This time, she got another message that a sum of Rs 6401/- were deducted from her account as per annexed accounts detail of her bank marked here as Annexure 2.  

She sent number of Emails to OP2 as annexed Annexure 3, but did not get any reply.  Hence filed this complaint claiming refund of her amount received by OP1 through OP2 a sum of Rs 18421/- with compensation of Rs 50,000/- for mental harassment and litigation charges.  

 Notices were served. OP1 neither appeared nor submitted written statement or evidences despite of serving notices till the date of arguments. OP2 through their authorized representative submitted written statement and denied all the allegations put against OP2 in complaint as entire amount received by OP1 and OP2 had no role in receiving any such account. OP2 submitted details of OP1 from net showing number of similar names of OP1 were existing in domain. Hence, the amount deducted from the account of complainant was due to fraud done by OP1 by sharing credit card details with OTP sent by complainant. Hence, there was no role of OP2 and their name was dragged without any evidence on record. Hence, prayed for removal of OP2 from the array of party.  

Complainant did not file her rejoinder, but filed her evidences on affidavit showing her amount deducted from her account. OP2 also submitted their evidences on affidavit which were on record.  None of the OPs were present on the date of argument. File was perused and order was reserved.

We have gone through all the facts and evidence of case. It was evident that complainant had paid the amount and was received in the account of OP1, but despite of receiving notices from the Forum, neither refunded the amount nor put their appearance which clearly proves unfair trade practice adopted by OP1. We have not seen any role of OP2, hence there was no liability proved or shown by complainant, thus have no role.  Hence, we are of the opinion that this complaint has merit, so we pass the following order—

 

 

Order-

1. OP1 shall refund entire amount a sum of Rs 18,421/- with 9% interest from the date of filing of this complaint within 30 days.
2. We also award compensation of sum of Rs 10,000/- for mental harassment and agony suffered by the complainant due to unfair trade practice adopted by OP1 along with Rs 2000/- as litigation charges.
3. If awarded amount is not paid in 30 days then entire awarded amount shall carry the same interest till realized.     

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

(Dr) P N Tiwari, Member                                                                      Mrs Harpreet Kaur Member                                                                         

                                                 Shri Sukhdev Singh  President