Order dictated by:
Sh.S.S. Panesar, President.
1. Kanwaljeet Singh has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that the complainant is a known educationist and is presently a Dean Academic affairs, Sri Guru Granth Sahib World University, Fatehgarh Sahib. The complainant was approached by the opposite party in January 2016 to supply him the education material and sought his bank details which the complainant provided to the opposite party. Lateron complainant was shocked to find that the opposite party debited Rs. 1,07,145.30 paise from his account with State Bank of Patiala having account No. 55146430916 and Rs. 18,947.90 paise from his bank account bearing No. 02881000010451 with Punjab & Sind Bank . In return the complainant received two packets containing pair of Jeans. However, opposite party has taken the amount of Rs. 1,26,093.20 paise from the accounts of the complainant on the pretext of supplying the educative material but they supplied two packets of jeans which were never ordered by the complainant. The complainant approached the opposite party telephonically and made his protest for their illegal acts, but the opposite party did not pay any heed to the request of the complainant and ultimately blocked the phone calls of the complainant. The complainant has sought for the following reliefs vide instant complaint:-
(a) Opposite party be directed to refund Rs. 1,26,093/20 paise debited from the account of the complainant alongwith interest @ 12% p.a. from date of payment till realization ;
(b) Opposite party be also directed to pay compensation to the tune of Rs. 50000/- alongwith adequate litigation expenses.
Hence, this complaint.
2. Opposite party did not opt to put in appearance despite service of notice, as such it was ordered to be proceeded against ex-parte.
3. We have heard the ld.counsel for the complainant and have carefully gone through the record on the file.
4. From the appraisal of the evidence on record, it becomes evident that complainant was approached by the opposite party telephonically in January 2016 for the details of his bank accounts on the pretext of sending some educative material as the complainant is an eminent educationist . The opposite party deducted various amounts from two accounts on different dates on the pretext of supplying educative material. Copies of the account statements Ex.C-2 and Ex.C-3 bear witness to the said fact. However for ready reference detail of various withdrawals are given as under:-
State Bank of Patiala A/c No. 55146430916
18.1.2016 | 8000.00 |
19.1.2016 | 11193.00 |
19.1.2016 | 11000.00 |
19.1.2016 | 18945.40 |
19.1.2016 | 18002.95 |
21.1.2016 | 20000.00 |
21.1.2016 | 20003.45 |
Total | 107145.30 paise |
Punjab & Sind Bank A/C. No. 02881000010451
1.2.2016 | 9473.95 |
6.2.2016 | 9473.95 |
Total | 18497.90paise |
5. But, however, opposite party delivered just two packets of jeans which were never ordered by the complainant. The complainant did not accept those parcels and returned the same to the opposite party. As such the complainant is having a sum of Rs. 1,26,093.20 paise in their hand. But, however, the opposite party has failed to supply any educative material to the complainant so far. The opposite party has been retaining the aforesaid amount with them without any reasonable cause. The complainant is entitled for refund of the aforesaid amount i.e. Rs. 1,26,093.20 paise from the opposite party. The evidence adduced by the complainant in support of his case has gone unrebutted on record as the opposite parties despite due service did not opt to appear and contest the complaint. This means and imply that opposite party has no defence to offer and they impliedly admitted the claim of the complaint.
6. Consequently instant complaint succeeds and opposite party is directed to refund the amount of Rs. 1,26,093.30 paise alongwith interest @ 9% p.a. from the date of filing of the complaint until full and final recovery. Opposite party is also directed to pay litigation expenses to the tune of Rs. 5000/- to the complainant. Instant complaint stands allowed ex-parte accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 28.11.2016
/R/
