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

DATED 12^th DAY OF DECEMBER 2023

ORDER

SMT. SUMA ANILKUMAR, MEMBER

The complaint filed U/S 35 of Consumer Protection Act 2019, complainant seeking direction towards OP for the following reliefs:-

1. To allow the complaint.
2. To direct the OP to pay an amount of Rs.8,496/- which included the CGST & SGST also, and the same was made through online on 03.10.2022 and OP representative/manager by name Mr.Sharath Babu,A.S., had received a sum of Rs.6,000/- in addition to the same as additional charges which in total is Rs.14,496/-
3. To direct OP to pay an amount of Rs.50,000/- towards the compensation for the mental agony suffered by the complainant.
4. To direct the OP to pay an amount of Rs.50,000/- towards compensation for the deficiency of service on the part of OP.
5. And to pass such other order or directions which deem fit under the circumstances of the case to meet the ends of justice.

2. Brief facts of this case are as follows:-

The complainant has availed the OP company’s services for training of driving car (Sedan). The OP services was provided through online through website named drivekool.com. The OP company had charged sum of Rs.8,496/- for the services provided by them. The complainant paid the said amount to the OP through online on 03.10.2022 and the calls for the driving was to be started from 08.10.2022. After several requests through E-mail by the complainant, the OP representative/manager by name Mr. Sharath Babu A.S., had received sum of Rs.6,000/- in addition to the above charged mentioned. One Mr. Gaurav the representative of OP confirmed the same when contacted through phone. The OPs said that the amount included learners license, D.L., R.T.O. and training charges. The OP stated that the training will be starting as early as possible and also said that the driver for the car Sedan is on leave due to which they postpone the training. On repeated approach by the complainant through calls, E-mails, whatsapp etc. OP kept on postponing the training program. On request of the refund of the total amount of Rs.14,496/- paid by the complainant, the OP did not responded or repay the amount to the complainant. Hence showing deficiency in service and Unfair Trade Practice by the OP, the complainant issued legal notice on 04.01.2023. The OP failed to respond the notice and hence this complaint.

3. On issue of notice to the OP, the OP remains absent throughout and failed to appear before this commission. Hence placed Ex-parte.

4. The complainant in his contention has filed affidavit evidence along with 9 documents marked as Ex.P.1 to Ex.P.9.

5. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant proves the deficiency of service on the part of OPs?

ii) Whether complainant is entitled for the relief?

iii) What order?

6.  Our answers to the above points are as follows:-

Point No.1:- Affirmative.

Point No.2:- Partly Affirmative.

Point No.3:- As per the final order.

REASONS

7. Point No.1&2:- These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

8. On perusal of the documents produced by the complainant, it clearly shows that the complainant has made booking for his driving training for Sedan car, invoice No.22000541 dated 03.10.2022. On perusal of Ex.P.5 submitted by the complainant, the whatsapp conversation clearly shows that complainant has paid Rs.6,000/- as additional cost to one Mr. Gaurav, representative of OP. By the call list submitted by the complainant, it shows that the OP has shows clear negligence, deficiency in service and Unfair Trade Practice. Hence the OP is directed to refund Rs.14,496/- and also compensation of Rs.15,000/- with Rs.5,000/- of litigation cost. Hence we answer Point No.1&2 accordingly.

9. Point No.3:- In view of the discussion referred above, we proceed to pass the following:-

                                      ORDER

1.     Complaint filed by the complainant U/S 35 of   Consumer Protection Act, is hereby allowed in part.
2. OP is directed to refund Rs.14,496/-
3.  OP is also directed to pay compensation of Rs.15,000/- and Rs.5,000/- towards litigation cost, failing which OP is directed to pay interest at the rate of 6% p.a. on Award amount from the date of order till realization.
4. Furnish the copies to both the parties, without cost.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 12^th day of DECEMBER, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL