Order No.  14  dt.  01/03/2017

       The case of the complainant in brief is that the complainant booked an order on 30.10.14 for online purchase of one mobile set under the model no. Nokia Asha 305. The complainant also paid the requisite payment of Rs.3929/- through his debit card. But the complainant did not receive the article, thereafter the complainant sent various communication and contacted the o.ps. through phone as well as by sending e-mails but no response was received from o.p. no.1. Subsequently the complainant was informed through e-mail that the purchased amount of Rs.3929/- which was already paid by the complainant would be returned on 10.11.14. The said amount was returned to the Bank of India since the entire monetary transaction was committed through the proforma o.p. bank. Since the mobile set was not delivered to the complainant, the complainant filed this case praying for direction upon the o.ps. for payment of Rs.20,000/- as compensation and Rs.15,000/- as litigation cost.

            The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that o.p. no.1 is not the manufacturer of the product, accordingly o.p. no.1 cannot be held responsible for any non performance or breach of any contract entered into between the complainant and seller. In the instant case the order was cancelled by the seller and the amount paid for the product was refunded back to the complainant’s bank account and this information was sent to the complainant by the customer support of o.p. after receiving confirmation from the seller. The o.p. no.2 through which the amount was paid and as such, the bank stated that no cause of action arose against the bank, therefore the case may be dismissed against the bank.

            Ld. lawyer for the complainant argued that the complainant wanted to purchase online through o.p. no.1 for purchasing a mobile set valued at Rs.3929/- and the said amount was paid through debit card and the bank provided the said money to o.p. no.1. Since the product was not handed over to the complainant, therefore the complainant filed this case praying for compensation.

Decision and reasons :

            Ld. lawyer for the o.ps. argued that since the product could not be provided to the complainant the entire amount was paid to the complainant in his bank account, therefore no grievance can be raised by the complainant and there was no deficiency in service on the part of o.p. no.1 and accordingly, o.ps. prayed for dismissal of the case.

            Considering the submissions of the respective parties it appears that the complainant wanted to purchase a mobile set under the model no.Nokia Asha 305 and for that purpose the amount was paid through debit card issued by the Bank of India, Alipore Branch. It appears from the record that the mobile set could not be delivered by o.p. no.1 which was communicated to the complainant and for that purpose the amount received by o.p. no.1 was credited in the account of the complainant before filing of this case. the complainant in order to squeeze money filed this case without having any justifiable cause for getting any relief and as such, we do not find any merit to give any relief to the complainant. Accordingly we hold that the case is to be dismissed as it has got no merit to be allowed.

            Hence, ordered,

            That the CC No.700/2014 is dismissed on contest without cost against the o.ps.  

            Supply certified copy of this order to the parties free of cost.