STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UNIONTERRITORY,CHANDIGARH
First Appeal No. | 7 of 2014 |
Date of Institution | 03.01.2014 |
Date of Decision | 13.01.2014 |
Vikson Commodities Private Limited through its authorized representative i.e. Ms.Daljeet Kaur, having its registered office at SCO No.58-59, Sector 17-D, Chandigarh.
Versus
1] Just Dial Private Limited through its Managing Director, Palm Court, Building M, 501/B, 5th Floor, Besides Gurgaon Sports, Club Link Road, Malad (W) Mumbai 400064
2nd SCO No.60-61, 4th Floor, Sector 34-A, Chandigarh.
2] HDFC Bank Limited through its Managing Director, SCO No.147-148, Sector 17-C, Chandigarh.
---Respondents/Opposite Parties.
BEFORE:
Argued by:Sh. P. K. Kukreja, Advocate for the appellant.
PER DEV RAJ, MEMBER
2.
3. took up a preliminary objection, to the effect, that neither the complainant was a consumer nor it was a consumer dispute; that by entering into the contract, the complainant availed of the services of Opposite Party No.1 to promulgate business, generate substantial clientele and earn profits; hence this complaint was not maintainable. On merits, it was admitted that the complainant entered into an agreement, with Opposite Party No.1, for availing of its services. It was also admitted that the total contractual amount was Rs.16,545/-. It was denied that the contract period was for a period of one year i.e. from 1.4.2010 to 31.3.2011. It was further stated that the agreement dated 1.4.2010, was active, beyond the initial minimum tenure of 1 year, owing to the fact, that adhering to the terms of the agreement as specified in Clause-A(i) of the “Addendum to the Terms of Service”, Opposite Party No.1 was providing services to the complainant, and payment for the same was being made through ECS. It was further stated that Opposite Party No.1, received the request of the complainant, to stop the ECS only on 11.8.2012 and by 13.8.2012, the needful was done. It was further stated that the averment of the complainant that the contract was for a limited period of one year was a complete afterthought. It was further stated that the contract was conditional and it contained an automatic renewal clause, hence the contention of withdrawal of an amount of Rs.20,822/-, in excess of the contractual amount, till July, 2012, was baseless. It was further stated that neither there was any deficiency, in rendering service, on the part of Opposite Party No.1, nor did it indulge into unfair trade practice. The remaining averments, were denied, being wrong.
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11. complainant availed of the services of Opposite Party No.1, to promulgate business, generate substantial clientele and earn profits.Even otherwise, the appellant/complainant is a Private Limited Company and the services to be provided viz. recommendations to various clients through web, voice calls, sms etc. were totally commercial in nature.Thus, the appellant/complainant did not fall within the definition of ‘consumer’ as defined in Section 2(1)(d)(ii) of the Act, which is extracted below:-
(i) (ii)
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“(A) This Clause (A) applies if you have availed of the Electroinc Clearing Scheme (ECS) introduced by JustDial to enable easy, regular and paperless transfer of monies by way of service charges from you to JustDial.
You will give your bankers clear instructions for debit from your account the amount you have contracted to pay JustDial at such intervals as agreed with JustDial. A copy of the ECS request shall be submitted to us together with the signature of this Addendum.
Notwithstanding anything contained in the Terms of Service or any other contract with JustDial -
(i) If you are an Advertiser applying for any package
(B) (C)
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Pronounced.
January 13, 2014.
Sd/-
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
[DEV RAJ]
MEMBER
AD
STATE COMMISSION
(First Appeal No.7 of 2014)
Argued by:Sh. P. K. Kukreja, Advocate for the appellant.
Dated the 13th
ORDER
(DEV RAJ) MEMBER | (JUSTICE SHAM SUNDER (RETD.)) PRESIDENT |
Ad
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| [HON'BLE MR. JUSTICE SHAM SUNDER] |
| PRESIDENT |
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| [HON'ABLE MR. DEV RAJ] |
| MEMBER |
