Per Mr.H.K.Bhaise, Hon’ble Member

1)                The complainant placed online order on website of the opponent for buying pair of Lotto Shoes on 13^th December, 2013 on online payment.  The complainant had shared his credit card details with one of the Executive of the opponent. The Executive did transaction of Rs.13,499/- from complainant’s credit card (ICICI Bank) without consulting him.

2)                Enquiring about the huge amount of transaction, the Executive of the opponent told that the complainant would be getting free gifts like two Racio hand watches, pair of goggles, one Racio bag, three pieces of natural round diamonds and one Nikon camera.  But the complainant neither asked or booked for nor interested in these gifts. 

3)                The complainant returned the free gifts to the opponent and asked for refund towards these gifts but the opponent refused to do so.

4)                The complainant states that this is the unfair trade practice and fraudulent to take money for products which he did not ask for and when these products are sent back to the opponent, refusing to refund his money. 

5)                The complainant further states that in spite of several reminders to the opponent, the opponent has never responded.  A letter dated 6^th January, 2014 sent by the complainant was not also replied or answered.  This is deficiency in service.  Therefore, the complainant his filed this complaint for refund of purchase price of  Rs.13,499/-. The complainant has also prayed for Rs.10,000/- as legal charges. Besides this, the complainant has prayed for compensation of Rs.50,000/- towards mental distress and agony.

6)                The complainant has produced the details of payment received by the opponent.  ICICI Bank e-statement showing transaction to India Today of Rs.13,499/-.  The complainant has also produced the copy of letter sent to the Managing Director of the opponent for deficiency in service. 

7)                The complainant has filed his affidavit of evidence. The opponent was duly served with notice along with the copies of complaint and documents.  But, the opponent failed to appear before this Forum. Therefore, the matter is proceeded exparte against the opponent. The opponent has not challenged the claim of the complainant. The claim of the complainant is supported by the documents on record.  The complainant has filed affidavit in support of his claim.

8)                The complainant had returned the free gifts to the opponent and asked for refund towards the gifts but the opponent refused to do so. The complainant neither asked for or booked or nor interested in these gifts.  The transaction of Rs.13,499/- from the complainant’s credit card was done by Executive of the opponent by sharing details of credit card without prior permission of consultation with the complainant. This amounts to unfair trade practice.  The opponent has not challenged the contention of the complainant and the claim of the complainant.  The complainant also issued notice to the opponent but he did not get the reply.  The opponent has failed to satisfy the complainant and is liable for deficiency in service.  The complainant has filed the copy of transaction payment receipt from the opponent. There is no reason to accept the free gifts back and refund the cost charged for the product. In spite of service of notice and returning the gift articles the opponent failed to satisfy the claim of the complainant thereby the complainant suffered from mental distress and agony.  The opponent is liable to pay the compensation to the complainant for mental agony and distress. We think compensation of Rs.10,000/- is reasonable for negligence, deficiency in service and mental agony suffered by the complainant. Besides this, the complainant is entitled for cost of proceeding of Rs.3,000/-.  Hence, we proceed to pass the following order.

                                                                                                      ORDER

1. Complaint is allowed.
2. The opponent is directed to refund Rs.13,499/- (Rs.Thirteen Thousand Four Hundred Ninety Nine Only) to the complainant with interest at the rate of 9% per annum from the date of filing of the complaint i.e. 30^th January, 2014 till realization.
3. The opponent is also directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as compensation towards mental distress and agony.
4. The opponent is further directed to pay Rs.3,000/- (Rs.Three Thousand Only) to the complainant as cost of this proceeding.
5. The above order shall be complied with within a period of one month from today.
6. Copies of this order be sent to the parties free of cost.

Pronounced

Dated 30^th June, 2014