BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

 26^TH DAY OF APRIL 2016

O R D E R

SMT. M. YASHODHAMMA,   MEMBER

This is a complaint filed by the complainant under Section 12 of Consumer Protection Act, 1986 praying for an order against Opposite Parties (herein after referred as OPs) to refund Rs.7,873/- with interest at 24% per annum and compensation of Rs.50,000/- on the allegations of deficiency in service.

2.      The brief averments made in the complaint are as follows:

Complainant is a proprietary concern engaged in transport business of despatching the company goods from one place to other place in the state of Karnataka and other states of the country.  The complainant also entered into tie up with other similar transporters/lorry owners for his transport business.  Complainant intended to improve its business and wanted to open and have a website of its own in the internet in order to have access regarding his transport business to the general public at large.  Complainant came across the advertisement and publicity given by ‘Askme.com’ who are providing website services.  In the month of August-2014 OP-1 namely Mr.Narsimha murthy contacted the complainant and offered to provide website services in favour of the complainant in a sum of Rs.15,000/-.  After negotiation OP-1 agreed to provide the website services at concessional/discounted rate of Rs.7873/- for which complainant agreed and paid the same to OP-1 by way of cheque dated 02.09.2014 in favour of OP Company, OP-1 issued service form No.20140008382 to the complainant assuring to provide website services.  OP-1 promised to take all necessary steps to provide the website services and a website would be open and made available through internet service within 10 days from the date of issue of service form. On verification of complainant’s bank account the cheque issued by complainant has been realised by OP-3, but so far OPs have not provided the website services to the complainant.  OP-1 stopped communicating with the complainant, whenever complainant tried to contact OPs on phone none of them are properly responding to the phone calls of the complainant. Complainant realised that OPs have cheated the complainant by inducing him to part with the hard earned money by making false assurances.  Complainant demanded OPs to refund the amount and there was no response from OPs.  The act of OPs in receiving the amount in advance and not providing the website services amounts to deficiency of service.  As a result, complainant has put to great hardship, loss of money, mental agony and inconvenience.  Hence, complainant felt deficiency in service against OPs. Under the circumstances, he is advised to file this complaint against OPs for appropriate relief.

3.  After registration of the complaint, notice was issued to OPs.  Inspite of service of notice OPs 1 to 3 remained absent without any sufficient reason or cause.  Hence OPs were placed exparte and posted the case for filing affidavit of the complainant.

4. As per the order sheet dated 30.05.2015 the Manager of OP-3 submitted a Demand Draft dated 21.05.2015 for a sum of Rs.10,000/- in the name of the complainant along with a letter and the complainant acknowledged the receipt of Demand Draft on 07.08.2015 on the order sheet. 

5. In support of the complaint averments, Mr.Venkateshan, who being the complainant filed his affidavit by way of evidence reiterating the complaint averments and also filed written arguments.

6. The above said assertions of the complainant have remained unchallenged. OPs neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

  7.  In support of his complaint, complainant has produced the following documents. Document No.1 original service form issued by OP to the complainant dated 07.08.2015 for a total sum of Rs.7,873/-.  Document No.2 is copy of the legal notice dated 20.10.2014 issued on behalf of the complainant o OPs 1 to 3 to refund Rs.7,873/- along with interest at 2% per month within seven days failing which complainant would be constrained to lodge a complaint before Consumer Forum.  Document No.3 is copy of the bank pass book extract of the complainant which shows payment of Rs.7,873/- made to OP on 02.09.2014.  Document No.4 is postal receipts, served acknowledgement cards and visiting cards of the OP.

8. On perusal of oral and documentary evidence produced by the complainant it is crystal clear that complainant is running a transport business. In order to improve his business he wanted to open and have his own website services in the internet to have an access regarding his transport business to the general public at large.  He came across the advertisement of the OP in “Askme.com”, who were providing website services.  Attracted by the advertisement, complainant contacted OP-1 who offered to provide website service in favour of the complainant.  After negotiations OP-1 agreed to provide website services at concessional rate of Rs.7,873/-.  Complainant has paid amount of Rs.7,873/- by way of a cheque dated 02.09.2014 in favour of OP-3 as per Document No.1 and 3.  OP-1 thereby agreed to provide the website services to the complainant and assured the complainant that a website services would be opened and made available through internet service within 10 days from the date of issuance of service form.  OP has realised the cheque issued by the complainant.   But so far OPs have not provided the website services to the complainant.   There was no proper response to the phone calls of the complainant.  Hence, complainant got issued legal notice dated 20.10.2014 as per Document No.2 calling upon OP 1 to 3 to refund Rs.7,873/- along with interest at 2% per month within seven days failing which he will approach Consumer Forum.  Inspite of service of notice as per Document No.4 OPs neither reply to the notice nor complied the demands made therein.  Hence, this complaint.

9. From the available materials on record, it is crystal clear that OPs have received Rs.7,873/- from the complainant with a promise to provide website service to the complainant so as to enable the complainant to improve his transport business through his own website in the internet and also to enable the public at large to have an access of the transport business.   Inspite of repeated requests and service of legal notice OPs have failed to provide website service or to refund the amount to the complainant.  Hence, complainant preferred this complaint before this Forum on 08.01.2015.  After service of notice from this Forum, OP 1 & 2 appeared before this Forum and handed over a Demand Draft dated 21.05.2015 for a sum of RS.10,000/- along with a letter.   Complainant has acknowledged receipt of the said Demand Draft in the order sheet dated 07.08.2015.  There is delay of nine months in refunding the amount to the complainant.  This act of delay made the complainant to approach this Forum by wasting his precious time and energy apart from incurring further expenses.  The act of OPs in not providing website service or refunding the amount inspite of service of legal notice amounts to deficiency in service on the part of the OPs.  We are satisfied that complainant proved deficiency in service against OPs.  Under the circumstances we are of the considered view that OPs are liable to pay compensation of Rs.3,000/- towards mental agony and hardship caused to the complainant along with litigation cost of Rs.2,000/- to the complainant.  Accordingly, we proceed to pass the following:

ORDER

1. The complaint filed by the complainant is allowed in part. 

2.  OPs are jointly and severally shall pay Rs.3,000/- towards mental agony and hardship caused to the along with litigation cost of Rs.2,000/-.  

3. This order shall complied within 30 days from the date of this order.

4. Supply free copy of this order to both the parties.

 (Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the  26^th day of April 2016)

MEMBER                            MEMBER                         PRESIDENT

NRS* 

COMPLAINT NO.38/2015

Witness examined on behalf of the complainant dated 04.08.2015 Sri.Venkatesan.                     

Witnesses examined on behalf of the OPs – Absent

List of documents produced by the OPs– Nil

MEMBER                             MEMBER                         PRESIDENT