DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Tuesday the 26^th day of November 2024

CC.360/2023

Complainant

Anooj. N.T,

Nagappalli Thazha (HO),

Keezhariyur. P.O,

                        Koyilandy,

Kozhikode - 673307

Opposite Parties

1.               Manager,

Samsung India Electronics Pvt. Ltd,

                        6th Floor, DLF Centre,

Sansad Marg, New Delhi - 110001

2.               Manager,

Pro Connect Supply Chain Solution Ltd,

Valliappa Tech Park,

S. No. 79,80,81&82,

Hejjala Ramanagara, Bangalore,

Karnataka - 562109

3.               Managing Director,

Samsung India Electronics Pvt. Ltd,

                        6^th Floor, DLF Centre,

Sansad Marg, New Delhi – 110001

(OP1 By Adv. Sri. Manimangalath Sameer Babu)

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

On 17/06/2023 the complainant ordered a Samsung Galaxy M33 mobile phone through Samsung App. But he cancelled the order on 21/06/2023 as price of the phone was decreasing by that time and demanded refund of the amount of Rs. 11,950.05/- paid to the opposite parties on the date of ordering the handset. But the complainant did not get the refund till now. When he contacted the Samsung customer care centre, they stated that the amount was refunded successfully on 22/06/2023 and they also provided the UTR and transaction number. But the fact remains that the refund has not yet been credited to his account.

3. The complainant again contacted the customer care centre, but they repeated the same reply. The State Bank of India authorities have confirmed that no such amount was credited in his account. No positive steps were taken by the opposite parties to redress his grievance in this regard. Hence the complaint for refund of the amount along with compensation and court expenses.
4. The first opposite party has entered appearance and filed written version. The second and third opposite parties were set ex-parte.
5. The first opposite party has denied and disputed all the averments and claims made against them in the complaint. According to them, the complainant had ordered a phone and after two days the said order was cancelled. The amount was refunded to the complainant. There is no deficiency of service or unfair trade practice on their part. Hence the first opposite party prays for dismissal of the complaint.
6. The points that arise for determination in this complaint are;

1. Whether there was any deficiency of service or unfair trade and business practice on the part of the opposite parties, as alleged?
2. Reliefs and costs.

7. Evidence consists of the oral evidence of PW1 and Exts A1 to A4 on the side of the complainant. No oral evidence was let in by the opposite parties. Exts B1 and B2 were marked on the side of the first opposite party
8.     Heard both sides.
9. Point No.1:-    The complainant has approached this Commission alleging unfair trade and business practice and deficiency of service on the part of the opposite parties. The grievance of the complainant is that he had ordered a Samsung  Galaxy M33 mobile handset through Samsung app on 17/06/2023 paying Rs. 11,950.05/- and subsequently on 21/06/2023 he cancelled the order and requested for refund, but the refund  amount is not yet reached his bank account. The complainant alleges that though the opposite parties have intimated that the amount had been refunded successfully on 22/06/2023, the amount is not yet credited in his account and the opposite parties have neglected to take any positive steps to redress his grievance in this regard. 
10. The complainant got himself examined as PW1, who has filed proof affidavit and deposed in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the invoice dated 17/06/2023, Ext A2 is the copy of the email dated 13/07/2023, Ext A3 is the copy of the email dated 17/07/2023   and Ext A4 is the copy of the bank statement.
11. The first opposite party alone filed version and contested the matter. The second and third opposite parties have chosen to remain absent and did not file version or participate in the proceedings. The stand taken by the contesting first opposite party is that the amount was refunded successfully on 22/06/2023. No oral evidence was let in by the first opposite party. Exts B1 and B2 were produced and marked. Ext B1 is the copy of the power of attorney and Ext B2 is the certificate dated 23/10/2024 issued by the first opposite party.
12. The definite case of PW1 is that the amount claimed to have been refunded has not reached his account. Ext A4 bank statement proves that the grievance of the complainant is genuine since such a refund transaction is not reflected therein.  When the first opposite party pleads that they had refunded the amount, the burden is upon them to prove the payment. Ext A4 is not challenged and it proves that          Rs. 11,950.05/- has not been credited to the account of the complainant as claimed by the first opposite party.
13. The first opposite party has failed to prove that they have refunded the amount to the complainant. Ext B1 certificate is issued by none other than the first opposite party and it will not help them. Ext B1 by itself is not sufficient to hold that the complainant had received the refund amount. It is also to be noted that the opposite parties have not taken any effort to look in to the grievance raised by the complainant and do the needful.  The act of the opposite parties in not refunding the amount and their further neglect to attend the grievance of the complainant constitute unfair trade and business practice and deficiency of service. The complainant is entitled to get refund of Rs. 11,950.05/- from the opposite parties. Undoubtedly, the complainant was put to intense mental agony and inconvenience due to the latches on the part of the opposite parties, for which, he is entitled to be compensated adequately.  Considering the entire facts and circumstances, we are of the view that a sum of Rs.10,000/- will be reasonable compensation in this regard. The liability of the opposite parties shall be joint and several. Point found accordingly.   
14. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
    1. CC.360/2023 is allowed.
    2.  The opposite parties are hereby directed to pay a sum of Rs. 11,950.05/- (Rupees eleven thousand nine hundred fifty and five paise only)  to the complainant.   
    3. The opposite parties are directed to pay a sum of  Rs. 10,000/- (Rupees ten  thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.
    4. The payment as afore stated shall be made within 30 days of receipt of copy of this order, failing which,  the amount of Rs. 11,950.05/- shall carry an interest of 9% per annum from the date of this order till actual payment.
    5. The liability of the opposite parties to make payment shall be joint and several.
    6. No order as to costs.

Pronounced in open Commission on this, the  26^th  day of November, 2024.

Date of Filing:  19.08.2023

                                         Sd/-                                                           Sd/-                                                Sd/-

                                 PRESIDENT                                             MEMBER                                       MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Copy of the invoice dated 17/06/2023.

Ext.A2 – Copy of the email dated 13/07/2023.

Ext.A3 – Copy of the email dated 17/07/2023.

Ext.A4 – Copy of the bank statement. 

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Anooj. N.T (Complainant)

                                       Sd/-                                                           Sd/-                                                Sd/-

                                 PRESIDENT                                             MEMBER                                       MEMBER

True Copy,      

                                                                                                                                                                      Sd/-

                                                                  Assistant Registrar.