Complaint No: 41 of 2023.
Date of Institution: 14.02.2023.
Date of order: 12.09.2023.
Anmol Gupta son of Sh.Vipan Gupta, resident of Krishna Gali No.1, Dhariwal, P.O. Dhariwal, Pin Code No.143519, Tehsil and District Gurdaspur.
.....Complainant.
VERSUS
- General Manager Metro Cash and Carry Pvt. Ltd. NH-1 Bye pass Opp. Khana Paper Mill Amritsar Pin Code No.143001 (Punjab) Mobile 99283-22337.
- Manager Punjab National Banak Batala Road Dhariwal P.O. Dhariwal, Pin Code No.143519, Tehsil and District Gurdaspur.
….Opposite parties.
Present: Complainant: In person.
For the opposite party No.1 Sh.B.S.Dhakala, Advocate.
For the opposite party No.2: Sh.Pushkar Nanda, Advocate.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President
Anmol Gupta, complainant (here-in-after referred to as complainant) has filed this complaint against General Manager Metro Cash Etc. (here-in-after referred to as 'opposite parties).
2. Briefly facts as stated in the complaint are that complainant has a small Karyana Marchant Shop at Dhariwal under the name and style M/s. Vipan Karyana Store. It is further pleaded that the complainant had purchased some goods from opposite party No.1 on 15.01.2023 by making payment of Rs.24,250/- but surprisingly on 16.01.2023 opposite party No.1 cancelled the order of the complainant without any kind of notice to the complainant refund the amount in the wallet of the complainant. It is further pleaded that from 17.01.2023 to 14.02.2023 i.e. date of filing of the complaint the amount has not been transferred in the account of the complainant on account of which complainant who is a small business again suffered loss to the tune of Rs.10/12,000/-. In the end complainant has pleaded deficiency in service and prayed for damages of Rs.10/12,000/- and amount of Rs.24,250/- alongwith Rs.5/6,000/- as litigation costs.
3. Upon notice, opposite party No.1 appeared through their counsel and filed written statement by taking the preliminary objections that amount was transferred in the wallet of the complainant on 17.01.2023 itself and thereafter it was the Bank i.e. opposite party No.2 to transfer the amount in the account of the complainant. It is further pleaded that the cancellation of the order was as per the terms and conditions of use of the platforms which are available to every user of the platform and answering opposite party No.1 reserve its right to cancel any order placed on platform and the amount was transferred in the wallet of the complainant on 17.01.2023.
On merits, opposite party No.1 has reiterated their stand as taken in preliminary objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite party No.1. In the end, opposite party No.1 prayed for dismissal of complaint with costs.
4. Opposite party No. 2 also appeared through their counsel and filed written statement by taking the preliminary objections that complaint is not maintainable against opposite party No.2 as no services were ever hired by the complainant from opposite party No.2 and the dispute involved is between the complainant and opposite party No.1 and opposite party No.2 has been made party without its involvement.
On merits, opposite party No.2 has reiterated their stand as taken in preliminary objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite party No.2. In the end, opposite party No.2 prayed for dismissal of complaint with costs.
5. Complainant alongwith complaint has filed his own affidavit Ex.CW-1/A with copies of documents Ex.C1 to Ex.C4.
6. Counsel for the opposite party No.1 has filed affidavit of Sh.Rajeev Sharma Authorized Signatory Ex.OPW-1/A with copies of documents Ex.OP-1/1 and Ex.OP-1/2.
7. Counsel for the opposite party No.2 has filed affidavit of Sh.Heemant Dogra Branch Manager Ex.OPW-2/A.
8. Rejoinder filed by the complainant.
9. Written arguments filed by opposite party No.1 but not filed by complainant and opposite party No.2.
10. Complainant in person has argued that he is having a small Karyana Marchant Shop at Dhariwal under the name and style M/s. Vipan Karyana Store and purchased some goods from opposite party No.1 on 15.01.2023 by making payment of Rs.24,250/- but surprisingly on 16.01.2023 opposite party No.1 cancelled the order of the complainant without any kind of notice to the complainant refund the amount in the wallet of the complainant. It is further argued that from 17.01.2023 to 14.02.2023 i.e. date of filing of the complaint the amount has not been transferred in the account of the complainant on account of which complainant who is a small business again suffered loss to the tune of Rs.10/12,000/- due to fault of the opposite party No.2.
11. On the other hand counsel for the opposite party No.1 argued that amount was transferred in the wallet of the complainant on 17.01.2023 itself and thereafter it was the Bank i.e. opposite party No.2 to transfer the amount in the account of the complainant. It is argued that the cancellation of the order was as per the terms and conditions of the platforms which are available to every user of the platform.
12. Counsel for the Opposite party No. 2 argued that no services were ever hired by the complainant from opposite party No.2 and as such complaint is liable to be dismissed.
13. We have heard the Ld. counsels for the parties and gone through the record. It is admitted fact that complainant is a small Karyana Marchant and definitely falls within the definition of consumer under Consumer Protect Act 2019 as the business is being carried for earning livelihood. The said fact is also not denied by the opposite parties. It is further admitted fact that on 15.01.2023 complainant had placed order of Rs.24,250/- for purchasing goods for his shop. It is further admitted fact that the order was cancelled by opposite party No.1 on 16.01.2023 without any notice and amount of Rs.24,250/- was transferred in the wallet of the complainant. It is further admitted fact that amount transferred in the wallet remained in the wallet upto 14.02.2023 and was transferred in the account on 16.02.2203. Although opposite party No.1 has taken plea that as per the terms of the agreement opposite party No.1 within its right to cancel the order. However, opposite party No.1 has not been able to explain that whether the complaint is party to the said agreement.
14. Perusal of Ex.C2 and Ex.C3 i.e. terms and conditions shows that terms and conditions are not signed by the complainant and if the said terms and conditions are not signed by the complainant meaning thereby that said terms and conditions were not in the knowledge of the complainant and are being formed upon the complainant by opposite party No.1 to justify their uncalled far act and as such there is definitely deficiency in service on the part of opposite party No.1 for having unilaterally cancelled the order and having put the amount in the wallet. It is further admitted fact that amount remained in the wallet of the complainant from 17.01.2023 to 14.02.2023 for a period of one month and it was for the bank opposite party No.2 to transfer the same in the account of the complainant. As such bank was also negligent in performing its duty and deficient in service.
15. Accordingly, present complaint is partly allowed and opposite party No.1 is directed to pay Rs.5,000/- as damages for having unilaterally cancelled the order without notice and opposite party No.2 is also directed to pay Rs.3,000/- as compensation to the complainant for having failed to transfer the amount in the account of the complainant from wallet. It is further made clear that if the said amount is not paid and order is not complied within 30 days from the date of receipt of copy of this order, in that case the above said amount shall carry interest @ 9% P.A. w.e.f. 17.01.2023 till realization.
16. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.
17. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Lalit Mohan Dogra)
President
Announced: (B.S.Matharu)
Sept. 12, 2023 Member
*YP*
