District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.454/2019.
Date of Institution: 17.09.2019.
Date of Order: 07.06.2022
US International Plot NO. 118, Friends Colony, Sector-20, Old Faridabad, Haryana, through its partner Shri Sushil Kaushik, Ph. No. 9990774039, mail usspare@gmail.com.
…….Complainant……..
Versus
1. M/s.Infocom Network Ltd. Office No.8, 2nd floor Rama Palace, Phase-2, Sector-20B, Faridabad – 121001. Through its CMD/CEO/Regional Head/Director(s)/Authorized person(s).
2. M/s. Trade India.Com/Infocom Network Ltd., Corporate Office: A-86, Okhla Industrial Area, Phase-2, New Delhi – 110 020. Through its CMD/CEO/Regional head/Director(s)/Authorized person(s).
3. M/s. Tradeindia.com/Infocom Network Ltd., Registered office: C-1, Main Shopping Centre, Vasant Vihar, New Delhi – 110 057 through its CMD/CEO/Regional Head/Director(s)/Authorized person(s).
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. Sanjeev Bhardwaj , counsel for the complainant.
Opposite party No.1 given up vide order dated 04.04.2022.
Opposite party No.2 ex-parte vide order dated 16.01.2020.
Opposite party No.3 given up vide order dated 20.02.2020.
ORDER:
The facts in brief of the complaint are that the complainant was engaged in its business of selling of replacement spare parts of earthmoving equipment like CAT 424B, L&T 770, JCB 3DX etc. form the above said address. The opposite parties were carrying on his business in the name and style of “Infocom Network Limited” and includes tradeindia.com and were liable and responsible for the conduct and day to day business activities of firm through its CMD/CEO/Regional head/Director(s)/Authorized person(s). The complainant asked the charges of the above mentioned service, the authorized marketing executive/team member of the opposite party Vinod Kumar was told to the complainant that total of Rs.106300/- with TDS would be charged of the above mentioned service for 3 years promotion/services, as well as assured to the complainant that if any customer had not satisfied, whole the amount would be refund paid by the customer. On assurance of the executive/authorized representative of the opposite party, the complainant paid the whole amount of Rs.106300/- on 18.02.2019, one was Rs.10000/- by his credit card in favaour of infocom Network ltd., and second was Rs.96,300/- by cheque No. 704706, both on 18.02.2019 and for this they acknowledge to the complainant as invoice NO. 2018-2019/35611 dated 19.02.2019 for the payment which opposite party had received. After receiving the hard core money of the complainant, opposite parties never fulfill their services/commitment as per the discussion and the complainant contacted the opposite parties on telephonic as well as emails but the opposite parties never bent upon on their commitments/services. At last as per the opposite party policy, the complainant asked refunds his payment, but opposite party never gave any heed to the complainant. Earlier all the opposite parties had assured to the complainant to refund whole the amount as early as possible in the agreed time but opposite parties never fulfill their promises and never paid the outstanding amount of Rs.106300/- to the complainant. Although complainant made many requests to the opposite parties, in words and end to end emails but the opposite parties never gave any heed to the complainant, subsequently complainant adopted legal route and sent a legal notice date d09.07.2019 on 10.07.2019 but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) refund the amount of Rs.106300/-, this had paid by the complainant to the opposite party.
b) pay Rs. 25,000/- as compensation for causing mental agony and harassment .
c) Any other relief, which this Hon’ble Forum may deem fit and proper, be given to the complainant.
2. On 04.04.2022 Shri Sahil Kaushik, partner of complainant has made a statement that he gives up opposite party No.1 being unnecessary party. Hence, opposite party No.1 was given up from the array of the opposite parties vide order dated 04.04.2022.
3. Registered notice sent to opposite party No.2 on 16.12.2019 not received back either served or unserved. Case called several times since morning. But none appeared on behalf of opposite party NO.2. More than one month had elapsed. Therefore, opposite party No.2 was proceeded against exparte vide order dated 16.01.2020.
4. On 20.02.2020, counsel for the complainant has made a statement that he gives up opposite party NO.3 i.e. Tradeindia.com/Infocom Network Limited being unnecessary. Therefore, opposite party No.3 was given up from the array of opposite parties vide order dated 20.02.2020.
5. The complainant led evidence in support of his respective version.
6 We have heard learned counsel for the complainant and have gone through the record on the file.
7. In this case the complaint was filed by the complainant against opposite parties – M/s. Infocom Networks Ltd. with the prayer to: a) refund the amount of Rs.106300/-, this had paid by the complainant to the opposite party. b) pay Rs. 25,000/- as compensation for causing mental agony and harassment .c) Any other relief, which this Hon’ble Forum may deem fit and proper, be given to the complainant.
To establish his case, the complainant has led in his evidence Ex.CW1/A – affidavit of Shri Sushil Kaushik Partner, U.S. International, 118, Friends Colony, Sector-20, Old Faridabad, Ex.C-1 – Proforma invoice, Ex.C-2 – payment successful, Ex.C-3 – statement of account, Ex.C-4 – invoice, Ex.C-5 – emails, Ex.C-6 – legal notice,, Ex.C-7 – postal receipt, Ex.C-8 & 9 – Track consignments.
8. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party No. 2 has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party No.2 has rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties Nos.1 & 2
9. Opposite party No.2 is directed to refund the amount of Rs.106300/- alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite party No. 2 is also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alognwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 07.06.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
