DATE OF DISPOSAL: 28.06.2023

PER:   SRI SATISH KUMAR PANIGRAHI, PRESIDENT

The fact of the case in brief is that the complainant has filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and unfair trade practice by the Opposite Party (in short O.P.) and for redressal of his grievance before this Commission.   

2. Basing on the advertisement of the Company in the face book, the complainant placed an order on 02.11.2021 online to Opposite Party for supply of Portable Mini Cloth Washing Machine. The company has taken Rs.297/- through his ICICI Bank credit card on 02.11.2021.  The complainant paid money to the company in advance because the company has no provision of cash on delivery.  Till today the company neither supplies the machine nor refunds the amount taken. Hence the complaint.

3. The complainant is always absent since more occasion. On perusal of case record it is found that a notice was issued to O.P. vide this office L.No.182 dated 7.04.2022 but the same has not been returned within 30 days from the date of issue. It deems that, the notice has duly been served and hence it is sufficient. The O.P. has also not appeared and not taken any steps to date. Therefore considering the present circumstances of the case and in the interest of justice the Commission feels to dispose the case on merit.

4. The complainant is remained absent and not taken any steps since 03.08.2022. The complainant being senior citizen, for proper adjudication in the case and in the interest of justice, this Commission disposes of the case on merit.

5. On the date of hearing parties are absent. We perused the case record and the materials placed on it. The complainant placed an order on 02.11.2021 online to Opposite Party for supply of Portable Mini Cloth Washing Machine. The company has taken Rs.297/- through his ICICI Bank credit card on 02.11.2021.  Till today the company neither supplies the machine nor refunds the amount taken. The complainant on 04.02.2022 issued a Regd. letter to O.P. for fund of Rs.297/-. Despite several persuasions the O.P. did not heed to consider the grievance of the complainant. Therefore, the complainant at this stage is entitled to get back his deposited sum of Rs. 297/- with interest.

In the result we direct the O.P. to refund Rs.297/- with 5% interests per annum from the date of filing of this case i.e. 02.04.2022 to the complainant within 45 days from receipt of this order. Further the O.P. is also directed to pay litigation cost of Rs.500/- within the above stipulated period failing which all the dues shall carry 12% interest per annum till its actual date of realization and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realisation of all dues.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 28.06.2023