Haryana

Ambala

CC/68/2016

Gayatri Sharma - Complainant(s)

Versus

Mobikwik Systems Pvt Ltd. - Opp.Party(s)

In Person

31 Aug 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

Complaint Case No.    : 68 of 2016

 Date of Institution       : 27.01.2016

 Date of Decision         : 31.08.2016

 

              Gayatri Sharma D/o Rajinder Pershad Sharma R/o 9-C Ram Nagar,  Ambala Cantt, Tehsil and District Ambala.

 

                                                                                                                                                               ……Complainant.

                                                                                              Versus

Mobikwik Systems Private Limited, 2^nd Floor, Orchid Centre, Golf Course Road,

Sector 53, Gurgaon, Haryana 122002 through its Manager/GM.

……Opposite Party.

Complaint Under Section 12 of the Consumer Protection Act.

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.                                               

Present:          Complainant in person.

                        Op exparte.

ORDER.

                        Brief facts of the present complaint are that complainant purchased a mobile phone of Microsoft Company having Model LUMIA 640 XL on 24.10.2015 in a sum of Rs.15,000/- vide bill No.29156 dated 24.10.2015 (Annexure C-1).  It has been contended that at the time of purchase of the mobile, there was a scheme from the OP that “Each month, the consumer will add Rs.300/- to her Mobikwik Wallet with the Code LUM300 and she will receive Rs.600/- in her account. This way, she will get cashback of Rs.300/- each month for one year which means this scheme will work 12 times, making it a cash back of Rs.3600/- in one year.  This scheme will work from the first cashack”. Said scheme was also verified  by the complainant at Microsoft Site and found that OP was indeed offering the scheme.  It has been further contended by the complainant that  salesman of the phone did the first recharge on 28.10.2015 and complainant got Rs.300/- cashback. However, when the complainant tried to do it in the next month on 30.11.2016, it gave an error. The complainant contacted the OP on 19.12.2015 through facebook and the OP said to try again. So complainant contacted the OP again through facebook on 20.12.2015 and it was mentioned that there was a technical error and they will contact the complainant when it gets fixed but the OP did not reply back. However, later on OP asked  the complainant to add Rs.300/- and the Op will add Rs. 300/- manually.  As such, the complainant added Rs.300/- on 24.12.2015 and waited for the respondent. When she did not receive money added, she contacted the OP on 28.12.2015.  The OP replied on 29.12.2015 that they will add money, and added it on 30.12.2015. Then the complainant again tried it in the next month on 22.01.2016 but it did not work. The complainant again contacted the Op and they replied that complainant is not eligible anymore because they can cancel their offer any time they want. Complainant has contended that she has purchased the mobile phone set only because of cashback scheme and thus the said act & conduct of OP amounts to deficiency in service as well as unfair trade practice on their part.  Hence, the present complaint.

2.                     Notice sent to the Op through Regd. Post but they did not bother to appear despite service.  As such, Op was proceeded against exparte vide order dated 21.03.2016.

3.                     To prove her version, complainant tendered in evidence  her affidavit as Annexure CX alongwith documents as Annexures C-1 to C-17 and closed the evidence.

4.                     We have heard the complainant and gone through the documents placed on record.  Perusal of purchase bill of the mobile phone (Annexure C-1) reveals that complainant has purchased the mobile phone in question in a sum of Rs.15,000/- on 24.10.2015 whereupon OP launched a scheme (Annexure C-2 & C-3) on purchase of this mobile set on the following terms & conditions:-

1.         Extra cash amount is fixed at Rs.300/- for a Minimum “Add Money” amount of Rs.300/-.

2.         Sign Up platform, Coupon Redemption and Payment should be done on Windows App Only.

3.         Offer can be redeemed only once per user, per month, per card and is applicable for the “Add Money” payment done during the offer period on Mobikwik App only.

4.         User registering on or before 15^th November 2015 will only be able to redeem the offer for 12 months.

5.         Offer only valid on following devices: Lumia 430, 535,540,640, 640XL, 730.

6.         Offer will be valid only for the transactions done through Debit Card or Credit Card. Not valid on Net Banking and Virtual cards.

7.         Valid upto 15^th November 2015 for max redemption until 15^th November 2016.

                                    Annexures C-4 to C-17 are the documents of conversation between complainant and the Op through face book/internet.

 5.                    At the very outset, it reveals from the documents placed on record by the complainant that the scheme of cashback was for a period of 12 months starting from 15^th November 2015 and offer was to be redeemed only once per user, per month, per card and was applicable for the “Add Money” payment done during the offer period on Mobikwik App only.  Admittedly, OP disbursed Rs.600/- under the said scheme but lateron the Op did not give any access to the complainant on their app and  thus they are guilty of committing unfair trade practice.  No doubt, now-a-days, companies  are making their business through e-marketing but at the same time possibility of deceived advertisement cannot be ruled out.

                        Further, the Op did not appear before the Forum and failed to contest the complaint. As such, we have no other option except to believe the version putforth by the complainant  by tendering affidavit and documents.  Accordingly, the complaint is allowed and OP is directed to comply with the following directions within thirty days from the communication of this order:-

1. To pay Rs.3000/- to complainant which she deserves under the scheme.
2. Also to pay Rs.3000/- to the complainant towards harassment, mental agony & litigation expenses etc.

                        Further the award in question/directions issued above must be complied with by the OP within the stipulated period failing which all the awarded amounts  shall attract simple interest @ 12% per annum for the period of default.  Copies of this order be sent to the parties concerned, free of costs.  File be consigned to the record room after due compliance. 

Announced:31.08.2016                                                                                Sd/-             

                                                                                                       (A.K. SARDANA)

                                                                                                          PRESIDENT

 

                                                                                                                 Sd/-

                                                                                    (PUSHPENDER KUMAR )                                                                                                                                                                                       MEMBER