DATE OF DISPOSAL: 05.06.2024

PER:  SRI SATISH KUMAR PANIGRAHI, PRESIDENT:

The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and unfair trade practices against the Opposite Parties (in short O.P.) for redressal of his grievance before this Commission.

            The complainant sought the following reliefs in the present case –

1. For refund of mobile price as per invoice, processing fees, and complete mobile protection plan which includes a total money value of Rs.28427.00 (Rs. 25528.00 + 1500.00 + 1399.00) with a penalty of Rs.50,000/-. Grand total Rs.78427.00.
2. Brief fact of the Complainant’s Case –

The complainant purchased a Mobile Phone Xiaomi 11 I 5G (Purple Mist. 128 GB with 8 GB RDated: 22 Sep 2022 through online shopping application Flipkart.com (Order ID No. OD226064239448741000) with an invoice value of Rs.25,528.00 along with Rs.1,399.00 towards accidental damage protection plans vide invoice No. EAAAAB-09518995 dated 22^nd September 2022 bundled with flipkart. Unfortunately, in the first week of April 2023 the complainant’s mobile got slipped from his hand and got some software/hardware issue and sent the mobile to Jeeves Protection Plan for repair as the complete mobile protection plain is in force. Jeeves the O.P. had asked the Complainant to pay a sum of Rs.1500.00 as processing fees and the complainant paid the requisite amount of Rs.1500.00 on 9^th April 2023 as Annexure-3. The mobile was picked up from his address on 12^th April 2023 and the copy of Bluedart Courier. Since then the complainant received an email on 19^th April 2023 mentioning the mobile could not be repaired and a refund @ 70% of the invoice value will be initiated after providing the requisites bank accounts details with a proof of the passbook/cancelled cheque/statement copy of the same account as given and the refund will be completed within 7 business days. The complainant provided the requisite details with a request to repair the damaged mobile phone/replacement with a new one or alternatively refund @ 90% of the mobile costs including the processing fees and complete mobile protection plan which includes a total money of Rs.25,874.20 with a copy of HDFC bank statement showing his account number.  The complainant made a typographical error while providing the bank account details in the mail. Instead of the saving account number 50100387460557 the Complainant typed as 50100038740557 which is 15 digit numbers and really does not exist in India as per HDFC bank information, which is available at bank’s website. On 29^th April 2023 the complainant contacted Jeeves and asked the status and also provided the correct bank account details to Jeeves for refund. Every time they have mentioned that the same was forwarded to the concerned team and refund will be proceed in 7 business days. On 2^nd May 2023 Jeeves had provided him a wrong UTR number HSBCN23115577282 and mentioned that the payment was made. The complainant inquired with HDFC bank with the UTR number but the bank official could not trace and said no credit was done with the said UTR in his HDFC savings account. On 16^th May 2023 the complainant sent a written email to Jeeves requesting to refund to an alternate account, if HDFC bank is not feasible to them. In between (May 16, 2023) 8 communications were made with Jeeves for early resolution. Accordingly, the complainant provided AXIS Bank account details vide email dated 22^nd May 2023 as the credit was not possible through HDFC Bank with regular follow-up through email and customer care team telephonically. In the meantime almost two months have passed the complainant made several follow-up through email and telephonically but all are in vain. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.P. to pay the mobile price as per invoice, processing fees and complete mobile protection plan and compensation of Rs.50,000/- in the best interests of justice.

3. Admitting the complaint, the Commission issued notice to both the opposite parties.
4. Duly acknowledging the notices, the opposite party has appeared and filed its written version in the shape of Preliminary Objections, Para-wise Reply on Merits and Reply to Prayer Clause accompanied by an Affidavit through their Ld. Counsel. The complainant has failed to establish any cause of action under the provisions of the Consumer Protection Act, 2019 against the O.P. in the present complaint as the refund has already been provided to the complainant by the O.P. and hence the relief claimed under the present complaint is not maintainable against the O.P. The relief claimed under the present complaint is untenable and unreasonable as the due to refund has already been given to the complainant and the O.P., under the circumstances and for the reasons stated above, is neither liable to provide any refund with interest towards the product, litigation expenses, compensation for mental or physical agony or any other relief. Hence the O.P. prayed to dismiss the case.
5. On the different dates of the hearing, the Commission heard from both parties at length. The Commission perused the complaint, written version, evidence on affidavits, and written arguments of both the parties and documents available in the case record minutely.
6. It is manifest from the case record and documents filed by the complainant that, the complainant has sent correct bank account number to the opposite party several times subsequently. But the op. party has not filed and substantiated that, the amount as per first UTR has been credited in whose account.

Considering the factual aspects of the Complaint, the Commission allowed the complaint of the complainant partly on contest. The opposite party is directed to pay the Rs.28427/- along with compensation and cost of Rs. 12000/- to the complainant within 45 days from the date of receipt of the order. In the event of non-compliance of the above order by the opposite party, the complainant is at liberty to realize the entire dues which shall carry interest @ 12%p.a from the date of filling of the case i.e., from 05.06.2023 till the actual date of realization is made by the opposite party in accordance to the Consumer Protection Act, 2019.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 05.06.2024