DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 17th day March, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of Filing: 20/10/2022
CC/197/2022
Veena G.Pradeep
D/o Pradeep Gopalakrishnan
A1, Anugraha Apartments
Vadakkanthara Main Road
Vadakkanthara
Palakkad - 678 012
(By Adv. Venugopal.G.P) - Complainant
Vs
1. Mobikwik Wallet
One Mobikwik Systems Ltd.
Unit 102, Block B, Pegasus One
Golf Course Road, DLF Phase -5
Sector 53, Gurugram, Haryana -122 003
2. Bipin Preet Singh
Managing Director
One Mobikwik Systems Ltd
Unit 102, Block B, Pegasus One
Golf Course Road, DLF -5
Sector 53, Gurugram
Haryana - 122 003 - Opposite parties
(1st & 2nd opposite parties Ex-parte)
O R D E R
By Sri.Krishnankutty.N.K., Member.
1. Pleadings of the Complainant
The complainant has been using the mobile application launched in the Google play store by the first opposite party under the name and style, "Mobikwik Wallet" registered with her mobile number 7358400439. On 06/06/2022, she tried to transfer Rs. 41,000/- from her HDFC credit card bearing number 4632020006516823 to the above mentioned wallet. Though the transaction failed, the credit card account got debited. Inspite of her contacts through e-mail and phone, the opposite parties failed to reverse the transaction.
In the meantime, she received a phone call from the customer care executive of the first opposite party (Mobile number +919339294522) for resolving her complaint. Since the caller was having full details of the failed transaction such as transaction id, amount etc. she followed the instructions of the caller for initiating the refund process. The caller assured her that the refund will happen within 2 hours.
After disconnection of the call, she realised that a further amount of Rs.8,939/- was debited to her credit card account without her consent or authorisation. As all her efforts to get the refund of this amount failed she was forced to deactivate her bank accounts inorder to avoid further transactions using the credentials already shared and was unable to use the credit card for about 15 days. Hence she sent a legal notice to the first opposite party on 26/08/2022, but the reply dated 26/08/2022 received was with vague and shabby contentions. Hence she approached this Commission seeking refund of Rs. 8,939/- along with interest @12% pa, apart from a compensation of Rs. 2,00,000/- for mental agony and cost.
2. Notices issued to the opposite parties got returned. Since the counsel for the complainant filed a memo stating that the address in the website and the memorandum of complaint is the same, presumption under section 65(3) is availed and the opposite parties were set ex- parte.
3. The complainant filed proof affidavit and marked Ext. A1 to A6 as evidence.
Ext. A1 is the legal notice issued on behalf of the complainant and Ext. A2 is the reply received from the opposite party. Ext. A3 is the confirmation from the Department of Posts about the delivery of the legal notice to the opposite party. Ext. A4 is a series of screen shots of various transactions and Ext. A5 the screen shot of the “Mobikwik” transaction showing the transaction id. Ext. A6 is the statement of HDFC credit card for the period from 22/05/2022 to 06/06/2022.
4. As can be seen from the credit card statement marked as Ext. A6, there is a debit entry of Rs. 8,939.96 towards “one Mobikwik system pv Gurgaon” as alleged in the complaint. In the absence of any counter statement from the opposite side it is presumed that the amount has to be refunded to the credit card account of the complainant. The only contra contention available is in the opposite party's reply to the legal notice issued by the complainant which allege that the amount might have been siphoned off by fraudsters because of the sharing of the credentials by the complainant.
However, as the entry in the credit card statement clearly show that the amount has gone in favour of “Mobikwik pv Gurgaon” we have to reach the conclusion that the amount has been received by the opposite party and to be refunded to the complainant.
5. Resultantly the complaint is allowed ordering the following reliefs.
- The opposite party is directed to refund Rs. 8,939/- along with interest @10% pa from 06/06/2022 till date of payment.
- The opposite party is also directed to pay Rs. 25,000/- as compensation for mental agony &
- Rs. 5,000/- as cost.
The opposite parties shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 250/- per month or part thereof until the date of payment in full and final settlement of this order.
Pronounced in open court on this the 17th day of March, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K
Member
Appendix
Documents marked from the side of the Complainant:
Ext. A1: Legal notice issued by Adv. G.P.Venugopal dated 16/06/2022 to the first opposite party on behalf of the complainant.
Ext. A2: Reply to the legal notice dated 26/08/2022 issued by M/s Claritas Legal.
Ext. A3: Confirmation regarding the delivery of legal notice to the opposite party from Department of Posts.
Ext. A4: Screen shots of various transactions.
Ext. A5: Screen shot of Mobikwik transaction.
Ext. A6: Credit card statement of the complainant issued by HDFC Bank.
Documents marked from the side of opposite party: Nil
Witness examined- Nil
Cost- Rs. 5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
