By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to get refund of the amount remitted to the opposite party for the advertisement and cost and compensation due to the deficiency of service of opposite party.
2. Brief of the complaint:- The complainant is running a business of resort for his own livelihood in the name and style as Karappuzha Village Resorts. For the purpose of advertisement of the establishment complainant decided represent website in google search engine. On knowing it the representative of opposite party approached the complainant and made to believe the complainant that they will advertise in 1st or 2nd page in the site and they will provide the keyword as desired by the complainant. Opposite Party agreed that they would launch and run SEO Marketing exclusively for complainant's resorts. The designing and running of this marketing will be managed by an expert panel associated with Opposite party. It was also informed to the complainant that when people search on Google using one of related keywords, complainant's advertisement appear on the 1st page. Expecting the better result of business the complainant agreed and an agreement was entered into between the complainant and opposite party. On 20.12.2013 as per the terms of agreement an amount of Rs.15,450 was paid and Rs.5150/- each paid on 08.05.2014, 07.06.2014 by 3 times accordingly total Rs.30,000 was paid to opposite parties through the Meenangadi Federal Bank. But the key word provided by the opposite party was no where available in 1st to 5th page of Google Search as agreed by Opposite party. Online search for Karapuzha Village Homestay was not available. The Complainant expected that advertisement during the summer season, if opposite party would have been provided the key word, there would be huge rush of customers and business would have been developed. But due to failure and negligence of opposite party online search for complainant's firm could not visible on site and the complainant was out from page 1 to 5 of the online search. Hence business could not be promoted and suffered a huge loss. That on account of dereliction of duty on the part of the opposite party the complainant suffered great loss. During summer season his business could not promote through the advt. The act of opposite party amounts to unfair trade practice. The complainant suffered loss and injury due to deprivation, harassment, mental agony and loss of earnings and for which Complainant is entitled for compensation from the opposite party. Hence it is humbly prayed that this Honorable Forum may be pleased to direct the opposite party to return the amount of Rs.30,000/- with compensation and cost of the proceedings.
3. Notice was served to opposite party on 29.11.2014 and the case was posted to 30.12.2014 for version of opposite party. But opposite party not appeared before the Forum and opposite party's name called absent and set ex-parte.
4. Complainant filed proof affidavit and stated as stated in the complaint and further stated that as per Bill date 21.11.2013 an amount of Rs.16,854/- paid to opposite party and on 08.05.2014 and 07.06.2014 Rs.5,150/- each paid through Federal Bank, Meenangadi Branch and Rs.2,846/- by cash directly and he is examined as PW1 and Ext.A1 and Ext.A2 is marked. Ext.A1 is the receipt issued by the opposite party to the complainant dated 21.11.2013 for Rs.16,854/- and Ext.A2 is the copy of Bank account statement of complainant, which shows a payment to opposite party on 08.05.2014(TFR) in serial No. 88 for Rs.5,150/- and Rs.5,150/- on 07.06.2014(TFR) in serial No.115.
5. On perusal of the complaint, documents and affidavit the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
6. Point No.1:- Since the opposite party is ex-parte complainant's pleadings can be believed in toto. Hence we feel that there is gross deficiency of service from the part of opposite party and thereby cause grate losses. Hence the Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the opposite party, opposite party is liable to refund the amount and to pay cost and compensation. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party is directed to return Rs.30,000/- (Rupees Thirty Thousand) only with 15% interest to the complainant and also directed to pay Rs.1,00,000/- (Rupees One Lakh) only as compensation and Rs.10,000/- (Rupees Ten Thousand) only as cost of the proceedings. The opposite party should comply the order within one month from the date of receipt of this Order, failing which the complainant is entitled to get 15% interest for whole the amount from that date.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 11th day of February 2015.
Date of Filing:13.11.2014
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Vishnu. M. Das(Affidavit).
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Receipt. dt:21.11.2013.
A2. Bank Account Statement.
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
