DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                Complaint No.  411

                                                Instituted on:    16.08.2017

                                                Decided on:       11.10.2017

Gaganjot Singh son of Sh. Sukhjiwan Singh, resident of F-132, Officer Colony, Sangrur.

                                                                ..Complainant

                                Versus

1.             Flipkart Internet Private Limited, Vaishnavi Sumit, Plot No.6/B, 7^th Main, 80 Feet Road, 3^rd Block, Koramangala Industrial Layout, Bangaluru (Karnataka) through its Managing Director.

2.             Flipkart Internet Private Limited, Ozone Manay Tech Park, #56/18 & 55/09, 7^th Floor, Garvebhavipalya, Hosur Road, Bangaluru (Karnataka) through its Managing Director.

                                                        …Opposite parties

For the complainant  :       Shri Naresh Juneja, Advocate.

For OPs                    :       Exparte.

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

Order by : Sukhpal Singh Gill, President.

1.             Shri Gaganjot Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he is the member of the Ops and his login ID and registered mobile number is 81980-67674 and further case is that as per the information of the Ops, there was a balance of Rs.2257/- in the account of the complainant and when the complainant checked his account in the month of January, 2017, then he found that there was only a balance of Rs.20/- in his account and further the balance was reduced to zero on 26.2.2017.  As such, the complainant sent so many emails to the Ops on 19.3.2017, 22.5.2017, respectively to refund the said amount, but all in vain.  The complainant also got served a legal notice upon the Ops, but nothing happened.  Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to refund/pay to the complainant an amount of Rs.2257/- and further to pay compensation and litigation expenses.

2.             Record shows that the Ops did not appear despite service, as such, both the Ops were proceeded exparte on 25.09.2017.

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit of the complainant, Ex.C-2 and Ex.C-3 copies of order pick up receipts, Ex.C-4 copy of account payment details, Ex.C-5 to Ex.C-9 copies of emails Ex.C-10 copy of order purchasing details, Ex.C-11 copy of legal notice, Ex.C-12 and Ex.C-13 copies of postal receipts and closed evidence.

4.             We have heard the arguments of the learned counsel for the complainant and also perused the documents produced on the file by the complainant. In our opinion, the complaint merits acceptance, for these reasons.

5.             The learned counsel for the complainant has contended vehemently that he is the member of the Ops and his login ID and registered mobile number is 81980-67674 as is evident from the document Ex.C-4 on record and it further shows that it has a phonepe wallet balance as Rs.2257/-.  But, the grievance of the complainant is that the same was reduced to Rs.20/- and thereafter brought it to as zero even without buying and shopping anything.   Further Ex.C-6 to Ex.C-9 are the copies of emails sent by the complainant on different dates to the Ops for refund of the amount of Rs.2257/-.   Further the complainant has produced on record the copy of legal notice dated 18.7.2017 served upon the OPs for refunding the amount of Rs.2257/-, but the OPs did not bother to reply the legal notice of the complainant nor put appearance before this Forum to deny the allegations of the complainant.  In such circumstances, we feel that the complainant has successfully proved his case that he had a credit balance of Rs.2257/- with the Ops in his phonepe wallet, which the Ops are bound to return to the complainant.

6.             In view of our above discussion, we allow the complaint and direct the OPs to refund/pay to the complainant an amount of Rs.2257/-. We further direct the Ops to pay to the complainant an amount of Rs.3000/- in lieu of consolidated amount of compensation and litigation expenses.  

7.             This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                October 11, 2017.

                                                        (Sukhpal Singh Gill)

                                                           President

                                                              (Sarita Garg)

                                                                   Member

                                                        (Vinod Kumar Gulati)

                                                                  Member