DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

MUCHIPARA, BURDWAN.

Consumer Complaint No.157 of 2015

Date of filing:24.07.2015                                                       Date of disposal:28.07.2015

Complainant: Subhendu Basu, S/o.Late Debabrata Basu, B-II/73, Netaji Subhas Ch.

                          Bose Road, A-Zone, P.S.-Aurobinda, Durgapur-713204.

-VERSUS-

Opposite Party: Manager, Way 2 on line Retail Pvt. Ltd.(Whasky Com. Online),

                              No.1-8-319/2, Patigadda Road, Begumpet, Hyderabad-500 016.

Present :  Hon’ble President: Sri Asoke Kr. Mandal

     Hon’ble Member :  Smt. Silpi Majumder

Appeared for the Complainant:  Ld. Advocate Anandadas Mondal.

Appeared for the Opposite Party:  Ld. Advocate None.

Order No.2

28.07.2015

The complainant files hazira.  Today is fixed for hearing on the point of admission. Heard Ld. Advocate for the complainant.  We carefully perused the contains of the complaint petition and the documents on which the complainant has relied upon.

            By filing this complaint the complainant has prayed to direct the O.P. to pay back Rs.999/- with interest, compensation for mental agony and litigation cost, stating inter-alia that the complainant placed an order before the O.P. for supply of a pair of shoes through Whaaky Com. Online and he made payment of Rs.999/-on 12.12.2014 and subsequently on 12.1.2015 the O.P. by sending a massage intimated the complainant his inability to supply the shoes .  It further appears that the complainant has accepted such inability of the O.P. It has been further stated that the O.P. subsequently did not repay the amount of Rs.999/- in time. 

(2)

The prayer as made in the complaint is not come within the purview of the provisions of C.P. Act as the payer repayment of money is within the jurisdiction of a Civil Court and the e-commerce has not yet been introduced in the Act.

            In the above premises the complaint is not tenable and accordingly the question of admission of the complaint does not arise. 

            Fees paid is correct.  Hence, it is

Ordered

that the complaint being No.157/2015 is dismissed being not maintainable without any cost.  Let the copy of this order be supplied to the complainant free of cots.

      (Asoke Kr. Mandal)

             Dictated and corrected by me.                                                        President       

                                                                                                                  D.C.D.R.F., Burdwan

                  (Asoke Kr. Mandal)

                           President

                   D.C.D.R.F., Burdwan

                                                                               (Silpi Majumder)

                                                                                    Member    

                                                                            D.C.D.R.F., Burdwan