SMT. MOLYKUTTY MATHEW : MEMBER
This is a complaint filed by the complainant U/s 35 of Consumer Protection Act 2019 for an order directing the opposite party to pay an amount of Rs.18,760/- already collected by the complainant, Rs.20,000/- as compensation for non-delivery of product and Rs.50,000/- as compensation for mental agony of the complainant for the deficiency of service and unfair trade practice on his part.
The case of the complainant in brief
On seeing the online advertisement of the OP the complainant was interested in the price quoted by them for LED bulbs accessories. The complainant is in requirement of LED bulbs accessories for his own use he communicated the OP through whatsapp and e-mail. Then the complainant given them his detailed order and in reply for the order the OP had given the price details. The OP asked him to pay the cash on 16/10/2020 the complainant transferred Rs.16,750/- through his account online transaction is South Indian bank, Kankol to OP’s account No.37880701888 (Transaction ID 2020010160506370) & the amount received by OP on the same day. Thereafter the OP informed the complainant that the transferred amount is only the cost of the items and they demanded him to pay the GST amount also. On 19/10/2020 the complainant transferred the GST amount Rs.2010 through online transaction from his account in South Indian Bank to OP’s account No.3799071888 (Transaction ID 2020101905905761) and the transaction status was successful. The complainant had paid total amount of Rs.18,760/- to OP. But the OP did not deliver the items as ordered by this complainant. After that the complainant several times contacted the OP through their whatsapp and phone but the OP’s side no reply. On 13/11/2020, 27/11/2020 and 01/12/2020 the complainant informed the OP either delivery or to refund the money. The OP has not refund the amount to complainant. The act of OP the complainant caused much mental agony and financial loss. So there is deficiency of service and unfair trade practice on the part of OP. Hence the complaint.
After filing the complaint notice issued to OP. But the OP has not appeared before the commission. The commission had to hold that the OP have no version as such this case came to be proceed against the OP as ex-parte.
Even though the OP has remained ex-parte it is for the complainant to establish the allegations made by them against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 4 documents marking them Ext.A1 to A4 and the complainant was examined as Pw1. So the OP remain absent in this case. At the end the commission heard the case on merit.
Let us have a clear glance at the relevant document of the complainant. Ext. A1 is transaction receipt dated 16/10/2020 for an amount of Rs.16,750/-. In Ext.A2 the transaction receipt dated 19/10/2020 for an amount of Rs.2,010/-. As per Ext.A3 contains the total amount received by OP as Rs.18,760/-. In Ext. A4 (series) contains the whats app messages regarding the non delivery of product and the refund of the cash. The OP received an amount of Rs.18,760/- from the complainant on 16/10/2020 and Rs.2010/- received on 19/10/2020. But after receiving the amount the OP has not delivered the ordered articles to the complainant. The OP played such mischief to complainant. So the OP bound to refund the amount to complainant also. There is deficiency of service and unfair trade practice on the part of OP. Under this circumstances we are of the considered view that the OP is directly bound to redressal the grievance caused to the complainant. So the complainant is entitled to get the amount already paid to OP as Rs.18,760/- along with Rs.7,000/- as compensation and Rs.3,000/- as litigation cost.
In the result complainant is allowed in part directing the opposite party to refund the amount of Rs.18,760/- to the complainant along with Rs.7,000/- as compensation for mental agony of the complainant and Rs.3,000/- as litigation cost within 30 days of receipt of this order. In default the amount of Rs.18,760/- carries 12% interest per annum from the date of order till realization. Failing which the complainant is at liberty to execute the order as per the provisions of consumer Protection Act 2019.
Exbts.
A1- Transaction receipt dated 16/10/2020
A2- Transaction receipt dated 19/10/2020
A3- Order receipt dated 19/10/2020
A4(series)- Whats app messages.
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forward by order/
Assistant Registrar
