DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 94/2021
Date of Filing: Date of Admission: Date of Disposal:
05.04.2021 08.04.2021 31.05.2022
Complainant/s:- | Ms. Malashree Chakraborty, D/o Malabi Chakraborty, Flat No. A-3 (Block-A), Purna Apartment, Chandangarh, P.O. & P.S. Madhyamgram, District – North 24 Parganas, Kolkata – 700129, West Bengal. = Vs = |
Opposite Party/s:- | Ms. Parul Bhatt, Inside Sales Accounts Manager, Dell International Services India Pvt. Ltd., Divyashree Greens, Ground Floor, S. No. -12/1, 12/2A, 13/1A, Koramangala Inner Ring Road, Varthur Hobli, P.O. – Domlur, P.S. – Koramangala, District – Bangalore, Bengaluru – 560071, Karnataka. |
P R E S E N T :- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT/FINAL ORDER
The Complainant stated that on 08/12/2019 the Complainant placed order for a Dell laptop by logging into the Complainant’s Dell account. Online order transaction of Rs. 57,926.18/- was done via HDFC net banking. The payment of Rs. 57,926.18/- was successfully debited from the Complainant’s HDFC bank account. The Complainant did not received any IRN from Dell’s end. The payment amount of Rs. 57,926.18/- was also never reversed back. On 13/12/2019, the Complainant called up on Dell’s toll free number but the called executive refused to provide any information. The Complainant contacted the Dell office and one Sneha Chakraborty asked her to contact Parul Bhatt who stated that they have not received the payment and not transferred to Dell account. The Complainant received the credit confirmation email from payment gateway and then contacted Parul Bhatt and thereafter Parul Bhatt did not reply anything. The Complainant understood that the remark from Dell was a blatant lie. The Complainant was in urgent need of a laptop and she had to purchase a laptop on 09/01/2020. Since, the O.P. did not refund the amount paid by the Complainant, the Complainant has filed this case praying for a direction to the O.P. to repay the entire amount of Rs. 57,926.18/- and also interest and compensation.
The Opposite Party did not appear to contest the case inspite of service of summons hence the case was heard ex-parte. The Complainant submitted that she had paid Rs. 57,926.18/- via HDFC net banking for purchasing the Dell laptop and the payment was received by the O.P. as per information from the payment gateway but the O.P. did neither supply the laptop nor refund the amount. The Complainant prayed for relief in terms of the prayers made in the complaint.
Considering the contentions made in the complaint and also the evidence in support of such contentions as sworn by the Complainant and also the copy of documents filed we find
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C.C. No. 94/2021
that the Complainant has proved her case. There is no evidence to the contrary by the Opposite Party and since there is no evidence contradicting the evidence of the Complainant we find that the Complainant’s case is to be believed. Hence, we find that the Complainant has successfully proved her case and is entitled to get the decree as prayed for.
Hence,
It is Ordered,
That the case C.C./94/2021 be and the same is allowed ex-parte against the O.P with cost of Rs. 5,000/-.
O.P. is to refund Rs. 57,926.18/- to the Complainant along with interest thereon @ 6% p.a. from 08/12/2019 till the date of payment within 02 months from this date failing which the Complainant is at liberty to execute the decree according to law.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by me
President
Member President
