Kerala

Idukki

CC/31/2022

Manju T - Complainant(s)

Versus

Maharani Textiles - Opp.Party(s)

27 Jun 2022

ORDER

DATE OF FILING :14/02/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 27^th day of June 2022

Present :

SRI.C.SURESHKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

SRI.AMPADY K.S. MEMBER

CC NO.31/2022

Between

Complainant : Manju T,

Pulickal House,

Madakkathanam P.O., Kappu

(By Adv.K.M.Sanu)

And

Opposite Party : The Manager/Proprietor,

Maharani Textiles,

Near Private Bus Stand, Thodupuzha,

Thodupuzha P.O

 

O R D E R

 

SRI.AMPADY K.S., MEMBER

 

Complainant filed this complaint raising the following allegations against the opposite party and prayed for the reliefs claimed in the complaint.

 

1 . Complainant is an employee of State Co-Operative Bank. She along with her daughter went to the textile shop of opposite party on 09/02/2022 and purchased a churidar set for Rs.830/-.

 

2 . As per instruction of opposite party, she paid price of the goods worth Rs.830/- through google pay by scanning the QR code displayed in the shop. Immediately she got message in her phone regarding debit of above amount to the account of opposite party.

 

3 . But, stating the reason that no message was received regarding the receipt of amount in the phone of opposite party, he refused to give the goods purchased and demanded the payment of the same again. Even though complainant has shown the message received in her phone, there was some dialogue between them

(Cont.......2)

-2-

regarding the refusal, opposite party has behaved in a bad way and insulted her in front of other customers present there. Accordingly she and her daughter returned from the shop without getting the goods purchased by paying the amount. In order to attend a marriage function of daughter's friend on the next day by wearing same colour dresses of daughter's friends, they had went to the shop of opposite party.

 

On the next day itself she enquired in her bank about the debit of the above amount, it is known that it was transferred at the time of receiving message by her to the account of opposite party. Opposite party has displayed many QR codes in his counter. He has to link those accounts in his phone. It is the duty of opposite party to protect such system without any defects. Even though opposite party could have verified complainant's account through her phone, he was reluctant to deliver the goods purchased stating the reason that message was not received by him.

 

Action of the opposite party is deficiency in service. Even though she has informed him that she is an employee of bank and her phone number can be given, the insult and bad behaviour of the opposite party resulted in grave mental injury to her and daughter. The above facts can be seen from the CCTV visuals installed in the shop of opposite party.

 

As the opposite party has not refunded the amount or goods purchased, she is entitled to compensation from opposite party. Hence she prayed for the following reliefs.

 

1 . To recover and give Rs.830/- with interest being the price of Churidar credited to the account of opposite party.

 

2 . Grant compensation of Rs.25,000/- for the deficiency in service of the opposite party, which caused difficulties to her.

 

3 . Allow Rs.5,000/- towards cost of the case.

 

Even though notice is received by opposite party on 26/02/2022, he had not appeared. Case was posted on many occasions for his appearance. But there was no appearance or representation of opposite party. Written version is also not

 

(Cont.......3)

 

-3-

 

filed. Hence on 02/06/2022, the case was posted for complainant's evidence on 08/06/2022. On that day also opposite party was not present. Hence he was set exparte. Complainant filed proof affidavit. Same is read in evidence. She has produced copy of screen shot received in her phone along with the complaint and the same is marked as Ext.P1. Complainant's counsel was heard.

 

As the opposite party is exparte, case is disposed of on merits based on the materials available on record.

 

We have examined the contentions of the complainant and Ext.P1. On a perusal of the same, following points arise for consideration.

 

1 . Whether there is any deficiency in service on the part of opposite party?

2 . Whether the complainant is entitled to recover of Rs.830/- with interest from the opposite party.

3 . Whether the complainant is entitled to recover Rs.25,000/- towards compensation for the mental injury and difficulties caused to her by the deficiency in service of opposite party.

 

4 . Costs of litigation.

 

Point No.1, 2 and 3 are considered together.

 

By Ext.P1, it s clear that Rs.830/- was transferred to the account of opposite party on 09/02/2022 at 7.26 PM. It is noticed from Ext.P1 that name of dealer is “Maharani Wedding Collections”. In complaint, name of shop is stated as Maharani Textiles. There is similarity in both names. Evidence of complainant shows that deposit was made upon scanning the QR code exhibited as asked for by opposite party is unchallenged. Even after the amount was received by opposite party, he refused to deliver the goods purchased by paying the price thereof which is clear deficiency in service from the part of opposite party. Every customer (consumer) coming to shop for purchasing desired goods, they have to be treated as their guests and behave in a polite manner. In the present scenario when digital banking is common and easy to transfer funds, most of the people use google pay, phone pay etc. for effecting fund transfer. Dealers are also using the

(Cont.......4)

 

-4-

 

same for receiving price of goods. In such a situation opposite party could have verified his account statement about the receipt of amount in his phone. The insult and bad behaviour stated to be made by the opposite party would definitely cause mental injury and difficulties to anybody, especially in the presence of other persons. Even though more than sufficient time was given for opposite party for appearance, he has not cared to appear and present his written version. This shows that he has nothing to say about the allegations raised by the complainant. In these circumstances, we find that there is deficiency in service on the part of opposite party. We also find that the complainant is entitled to recover Rs.830/- with interest @ 9% per annum from the opposite party with effect from 09/02/2022 till realisation. On an appraisal of the entire facts and circumstances of the case, we are of the considered view that complainant is entitled to compensation. Considering the facts of the case, we find that a reasonable compensation of Rs.5,000/-(Five Thousand only) meet the ends of justice. Hence we direct the opposite party to pay Rs.5,000/-(Five Thousand only) as compensation to the complainant. Above points are answered accordingly.

 

Point No.4

 

Considering facts of the case, we find that complainant is entitled to recover Rs.2000/- from the opposite party towards costs of litigation. Point No.4 is answered accordingly.

 

In the result, complaint is allowed as follows.

 

1 . Opposite party shall pay Rs.830/- with 9% interest per annum to the complainant from 09/02/2022 till realisation.

2 . Opposite party shall pay compensation of Rs.5,000/-(Five Thousand only) to the complainant

3 . Opposite party shall pay Rs.2000/- towards costs of the litigation to the complainant.

 

Above amounts should be paid within 30 days of receipt of this order, failing which complainant is entitled to recover the above amounts from opposite party

 

(Cont.......5)

 

-5-

 

with 9% interest per annum on Rs.830/- from the date of purchase and interest from 31^st day of receipt this order on compensation allowed, till full realisation.

 

In the result complaint is allowed to the above extent.

 

Pronounced by this Commission on this the 27^th day of June 2022.

 

Sd/-

SRI.AMPADY K.S., MEMBER

Sd/-

SRI.C.SURESHKUMAR, PRESIDENT

Sd/-

SMT.ASAMOL P., MEMBER

 

 

APPENDIX

 

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of screen shot received in her phone (Cash Transaction)

On the side of the Opposite Party :

Nil

 

Forwarded by Order

 

 

ASSISTANT REGISTRAR