IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Wednesday the 24th day of January, 2024
Filed on: 27.08.2022
Present
- Smt. P.R.Sholy, B.A.L, LLB (President in Charge )
- Smt. C.K.Lekhamma . B.A. LLB (Member)
In
CC/No.217/2022
between
Complainant:- | Opposite Parties:- |
Sri. John Kurian The Manager Vilayil House Pay U Payments Pvt. Ltd
Chunakkara Naduvil Bestech Business Center, 9th Floor
Chunakkara.P.O,Alappuzha-690534 Sohna Road, Tatvam Villas, Dhani,
(Party in person) Sector-48, Gurugram
Haryana-122004
(Exparte)
O R D E R
SMT. SHOLY.P.R (PRESIDENT IN CHARGE)
Complaint filed u/s 35 of the Consumer Protection Act, 2019.
1. Complainant’s case briefly stated is as follows:-
The complainant had made an online prepaid order for BBQ Air Blower Fan for Charcoal Grill from 1st opposite party through Paytm UPI transfer to 2nd opposite party on 12/8/2022. Though the payment transfer was confirmed by 2nd opposite party informing “your order at merchant is successful”, no order confirmation was received with respect to the same from 1st opposite party. Thereafter the complainant contacted 1st opposite party over phone, but a repeated recorded message says that the contact phone number is barred from all incoming calls and contact e-mail is undeliverable. All the attempts made by the complainant subsequently for redressing his grievance evoked no response from the opposite parties which caused inconvenience , time loss, suffering of work and preventing the opportunity to source the item from other sellers. Hence filed this complaint to refund the amount with interest along with compensation and cost from the opposite parties alleging unfair trade practice of the opposite parties.
Notice along with copy of complaint sent to the opposite parties 1 and 2 on several times in which the notices sent to 1st opposite party returned unserved with endorsement “Insufficient address”. Subsequently the complainant filed a petition for deleting 1st opposite party from the array and as per the order in that IA. No.114/2023 name of the 1st opposite party was struck off from the complaint. Thereafter the 2nd opposite party remains the sole opposite party in the complaint. Since the notice issued on 19/9/2023 to the opposite party not returned on the next hearing date of 25/10/2023, the opposite party declared exparte as per the proviso under Sec.65 (C) of Consumer Protection Act, 2019.
2. Points raised for consideration are:-
1. Whether there is any deficiency in service and unfair trade practice on the part of
opposite party?
2. Whether the complainant is entitled to get the reliefs as sought for in the complaint?
3. Reliefs and cost?
3. Point No. 1 and 2:-
Complainant’s case is that after making a prepaid order for BBQ Air Blower Fan for Charcoal Grill from 1st opposite party through paytm UPI transfer to 2nd opposite party through online platform on 12/8/2022, though the same was confirmed by 2nd opposite party, no order confirmation was received from the 1st opposite party and thereafter on repeated contact received a recorded message that the contact phone number is barred from all incoming calls. According to the complainant the said act of the opposite parties amounts to unfair trade practice operating fraudulently to a mass funds from public unethically. Hence this complaint.
Meanwhile the complainant filed petition for deleting 1st opposite party from party array since the notices along with copy of complaint returned unserved as insufficient address and he has no access to provide correct address of the 1st opposite party. The 2nd opposite party became the sole opposite party and they remained exparte. The complainant filed proof affidavit and Ext.A1 to A6. From the unchallenged complaint, proof affidavit coupled with Ext.A1 to A6 the complainant could convinced us the acts of unfair trade practice played by the opposite party and hence we are constrained to allow the complaint in some extent.
4. Point No. 3:-
In the result complaint stands allowed in part in the following terms:-
A) Opposite party is directed to refund Rs. 100/- (Rupees one hundred only) with interest @ 9% per annum from 12/8/2022 till realization to the complainant.
B. Opposite party is directed to pay Rs. 1000/- (Rupees One thousand only) as compensation to the complainant.
C. Opposite party is directed to pay Rs. 1000/- (Rupees One thousand only) as litigation cost to the complainant.
The order shall be complied with within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 24th day of January, 2024.
Sd/- Smt. P.R. Sholy (President in Charge)
Sd/-Smt.C.K.Lekhamma (Member)
Appendix:-Evidence of the complainant:-
Ext.A1 - True copy of email dtd. 12/8/2022
Ext.A2 - True copy of email dtd. 12/8/2022
Ext.A3 - True copy of email dtd. 13/8/2022
Ext.A4 - True copy of email dtd. 13/8/2022
Ext.A5 - True copy of email dtd. 18/8/2022
Ext.A6 - True copy of email dtd. 18/8/2022
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Typed by:- Br/- Assistant Registrar
Compared by:-
