DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VII(SW)
[GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI]
FIRST FLOOR, PANDIT DEEP CHAND SHARMA SHAKAR BHAWAN
SECTOR-20, DWARKA, NEW DELHI-110077
CASE NO. CC/99/2017
Date of Institution : 15.03.2017
Order reserved on : 17.04.2023
Date of Order : 11.05.2023
In the matter of:
Mr. Nipun Murada,
Prop. British Book Store,
R/o H.No 31/34, Old Rajinder Nagar,
Basement, Room No 3,
New Delhi-110060.
…. Complainant
VERSUS
Infocom Network Limited,
C-1, Main Shopping Centre,
Vasant Vihar
New Delhi – 110057. …. Opposite Party
ORDER
(By SH. SURESH KUMAR GUPTA, PRESIDENT)
- The complainant has filed a complaint under with the allegations that on 23.07.2016, he has availed the services of OP for the website development and other services and paid a sum of Rs 23,000/-. The Op has provided a website to him by the name of www.stallionmart.com. The website was for his livelihood. He has also paid a sum of Rs. 559/- for buying this domain through a company known as Domain Jerry which is in collaboration with the OP. The OP has made a very basic website with limited services. He has paid three times the price for this website. He could have got a full-fledged e-commerce website with a lot of services with a sum of Rs. 23,000/- . The OP has promised him search engine optimization services i.e. promotion of his website and increased visibility and ranking on search engines like Google and Yahoo. This service is provided according to key words related to the products or services he is selling on the website. He has continuously interacted with Sh. Pankaj Singla, Relationship Manager of the OP and got the services like payment gateway on his website. He has told the Relationship Manager to give him regular update of search engines optimization but he was not provided such information by saying that SEO service does not come under any plan. He has also given his key words to the Relationship Manager to add it to his website for SEO purposes but no action was taken by the OP. The conversation through emails show that OP has assured to provide SEO services but in vain. He has also requested the Relationship Manager to provide him customized services for charging shipping on products but said services were not provided on the premise that the plan does not cover customized services. He has also requested to give him the option of bulk uploading of products on his website but did not get any response from the Relationship Manager. It is important to know his ranking on the website through search Google and Yahoo. He is not getting customized shipping services as shipping prices vary according to product and weight due to which he is unable to put correct shipping prices for his products on his website. He is also unable to upload or add products in bulk in the website. Hence, this complaint.
- The notice of the complaint was issued to the OP. OP has not put his appearance despite due service of the notice and accordingly proceeded ex-parte on 19.04.2017.
- The complainant has filed his own affidavit in ex-parte evidence wherein he has corroborated the version of the complaint as set out in the beginning while briefing the facts and relied upon the documents.
- We have heard the Ld counsel for the complainant and pursued the entire material on record.
- It is clear from the record that the complainant is the Proprietor of M/s British Book Store. On 23.07.2016, the complainant has hired the services of OP for the website development for online stationary and book business and paid a sum of Rs 23,000/- for his livelyhood. The website titled as www.stallionmart.com was provided by OP to the complainant which is clear from Ex PW 1/2. Ex PW 1/3 is the digital receipt showing payment of Rs. 559/- for buying a domain through Domain Jerry. The OP has not defined the services under the plan. The proforma invoice Ex PW 1/1 shows the payment of Rs. 23,000/- for online catalogue for one year. Ex PW 1/2 is the online catalogue website for one year which shows that website will run and promote on domain the company of complainant. The catalogue will be template based i.e. there will be edition of theme/layout/design/template and catalogue can be converted into PDF format to send via email. There will be promotion of trade through 75 keywords. The business of the company will be promoted on the major search engines like Google and Yahoo. The complainant can access unlimited buyers, trade-orders posted on Trade India for complete one year, promotion in all major domestic as well as overseas exhibitions, etc.
- The OP has not provided update on the search engine optimization where the product of the complainant stands in terms of visibility on the search engines like Google and Yahoo. The OP did not add the key words provided by the complainant. The option of bulk uploading of the products of the complainant was not given. The services to the complainant were not provided even in terms of the catalogue Ex PW1/2. The complainant has brought his grievances regarding non-providing of the services to the Relationship Manager which is clear from the email conversation Ex PW1/5and PW1/6. The OP has not come forward in order to defend the allegations set out in the complaint. There is nothing on the record that the services as claimed by the complainant are not covered within the plan opted by the complainant. The evidence led by the complainant has gone unrebutted. There is nothing on the record to view the evidence of the complainant with the aid of spectacles. The entire evidence on the file shows that there is deficiency of service on the part of OP as services were not provided to the satisfaction of the complainant.
- Hence complaint of the complainant is allowed. The OP is directed to refund a sum of Rs 23,000/- paid by complainant to the OP for the development of website. The complainant has suffered harassment for the inaction on the part of OP on his persistent communication through email with the OP. He is forced to go for litigation. A compensation of Rs 30,000/- is granted to the complainant for mental harassment and litigation expenses. There is no proof that he has suffered a loss of business on account of deficiency in the services on the part of OP.
- OP-1 is directed to comply with the order within 45 days from the date of receipt of the order failing which complainant is entitled for interest @ 9% per annum till the realization of the amount.
- Copy of this Order be supplied to parties free of cost.
- File is consigned to record room thereafter.
- Announced in the open court.
