Date of filing: 14.06.2012.

Date of disposal: 19.11.2012.

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:

VIJAYAWADA, KRISHNA DISTRICT

Present: Sri A. M. L. Narasimha Rao, B.Sc., B. L., President

Smt N. Tripura Sundari, B. Com., B. L., Member

Sri S. Sreeram, B.Com., B.A., B.L., Member

Monday, the 19th day of November, 2012

C.C.No.97 of 2012

Between:

Sanosh Ravi Kiran Penubothula, #21-10-7/B, Srinagar 3rd Line, Satyanarayanapuram, Vijayawada, Krishna District.

….. Complainant

And

Infosecure Consulting Pvt., Ltd., (TIMTARA.COM), B-26, 2nd Floor, Sector 8, Noida, Uttar Pradesh – 201 301.

. … Opposite Party.

This complaint coming on before the Forum for final hearing on 14.11.2012, in the presence of complainant appeared as in-person and opposite party remained absent and upon perusing the material available on record, this Forum delivers the following:

O R D E R

(Delivered by Hon’ble President Sri A. M. L. Narasimha Rao)

1. This complaint is filed under Section 12 of Consumer Protection Act, 1986 for a direction to the opposite party to refund the amount of Rs.11,490/- paid to the opposite party and to pay compensation of Rs.50,000/- and costs besides offering apology and cancel the order placed by the complainant.

2. The averments of the complaint in brief are as follows:

The complainant is a resident of Vijayawada. The opposite party opened a website and offered sale of products. The complainant placed an order on 6.5.2012 with the opposite party for supply of one LG 22lk332 LCD TV under Transaction ID No.10111371 and order No.10251160. The complainant made full payment of Rs.11,490/-. There was no response from the opposite party till 10.5.2012. The complainant requested the opposite party to cancel the order. The complainant did not receive the refund amount. There was no response inspite of communication through e-mail. The complainant made online purchase from Vijayawada.

Therefore this complaint is filed in this Forum.

3. The opposite party failed to appear. The notice sent was not returned initially but later notice was sent through e-mail and sending notice by e-mail on 3.8.2012 is held sufficient service of notice. There after the mater is posted for affidavit of the complainant, the complainant did not file affidavit though several opportunities are given to him. Therefore we have to decide to proceed with the matter on the basis of material available.

4. As per Section 13, Sub-Section (2) Clause (b) of C.P. Act, ‘when the opposite party failed to take any action to represent his case, the Forum shall proceed to settle the dispute exparte on the basis of evidence brought to the notice of the Forum by the complainant’. As the opposite party remained absent and the complainant has not filed affidavit we have to look into the proof affidavit initially filed by the complainant and the documents filed by him. The proof affidavit filed by the complainant is to the effect that the complainant swears to the facts and the contents of the complaint may be integral part of the affidavit. The documents filed by the complainant are, copy of account obtained from State Bank of India, the order confirmation through e-mail, terms of the order placed by the complainant and correspondence through e-mail. The copy of confirmation order shows that the complainant placed an order for LG 22lk332 LCD TV for a price of Rs.11,490/- after discount and the said order placed on 6.5.2012. The statement of account would show transfer of Rs.11,490/- from the account of the complainant to the account of the opposite party on 6.5.2012. The correspondence would show that the TV ordered by the complainant was not supplied and the amount was not returned by the opposite party. Therefore it is a clear case where the complainant is entitled to refund of the amount with interest at a reasonable rate of 12% p.a. Since interest is allowed no compensation may be granted. The complainant shall be entitled to costs of Rs.1,000/-.

5. In the result this complaint is allowed in part and the opposite party is directed to pay a sum of Rs.11,490/- (Rupees eleven thousand four hundred and ninety only) with interest thereon 12% p.a., from 6.5.2012 till payment and also to pay costs of Rs.1,000/- (Rupees one thousand only) to the complainant. The amounts awarded shall be paid within one month from the date of receiving copy of the order. The order copy shall be sent to the opposite party by e-mail as normal service was not effective earlier. Complaint for rest of the reliefs is dismissed.

Dictated to Steno N. Hazarathaiah, transcribed by him corrected by me and pronounced by us in the open Forum, this the 19th day of November, 2012.

PRESIDENT                                                                                          MEMBER                                              MEMBER

Appendix of evidence

Witnesses examined

For the complainant: -None-                                                                                       For the opposite party: - None-

Documents marked

On behalf of the complainant: -Nil-                                                                         On behalf of the opposite party: -Nil

PRESIDENT