Delhi

New Delhi

CC/397/2016

Naveen Chand - Complainant(s)

Versus

One Mobikwik System Pvt Ltd and Ors. - Opp.Party(s)

12 Sep 2018

ORDER

 

                      CONSUMER DISPUTES REDRESSAL FORUM-VI

                        (DISTT. NEW DELHI),

                       ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                    NEW DELHI-110001

 

Case No.C.C./397/2016                                        Dated:

In the matter of:

Sh. Naveen Chand,

S/o Sh. Jagan Nath,

R/o A1/103-Mohan Garden,

Near Gandhi Chowk, Uttam Nagar,

New Delhi-110059.

 

Also at

103, Ashoka Estate,

Barakhamba Road,

New Delhi-110001.

                …… Complainant

Versus

1. One Mobikwik System Pvt. Ltd.,

Having its head office at

2^nd Floor, Orchid Centre,

Golf Course Road, Sector 53,

Gurgaon, Haryana-122001,

Through its Director Mr. Bipin Preet Singh

 

2. Microsoft Corporation (I) Pvt. Ltd.,

Having its head office in India at

           10^th Floor, Tower B&C

DLF Building No.5(Epitome),

Cyber City, DLF Ph.III,

Gurgaon, Haryana-122002.

Through its Director Mr. Karan Bajwa

 

3. Beechams Press Pvt. Ltd.,

M-6, Connaught Place,

New Delhi-110001.

……. Opposite parties

 

 

 

NIPUR CHANDNA, MEMBER

ORDER

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that OP-1 operates a mobile wallet and an online payment system by the name Mobikwik through its website and a “Mobikwik Window  App”  for mobile phone.  On October 2015, OP-1 posted an Advertisement on its website titled as “Mobikwik Lumia Offer – at Rs.300/- and get extra Rs.300/-  cash back”.  The said scheme provided that the offer could be redeemed only once user per month, per card for 12 months making it redeemable upto total 12 times for new users of mobikwik registering on or before 15.11.2015.  

2.       It is alleged that in order to avail the offer the complainant purchased  a Microsoft Lumia N-430 on 12.10.2015 for a sum of Rs.5,500/- ,  installed the Mobikwik Window Phone App, created a mobikwik account and started utilizing the cash back benefit in terms of procedure provided under the scheme.  It is averred that initially for few months, he did not have any difficulty in redeeming the due amount as per the scheme. It is further alleged that from the month of December , 2015 he experienced on or other difficulty in redeeming the cash back offer as such he contacted OP no. 1 and 2 for his redressal.  It is further submitted that it was informed to him by the OP that the said scheme had been discontinued w.e.f. February, 19, 2016 and the Lumia Coupon available with him could not be used for any future transaction.It is further alleged that despite several requests, telephonic calls, the OP-1 failed to provide the scheme initially offered by him with the newly purchased handset, amounts to unfair trade practice, hence this complaint.

3.       Consequent upon the receipt of complaint notice was sent to the OPs.  Despite service, none appeared on behalf of OPs, therefore, they were ordered to be proceeded with ex-parte vide order dated 28.2.2017.

4.       Complainant has filed his evidence by way of affidavit. 

5.       We have heard arguments advanced at the Bar and have perused the record.

6.       Complainant has placed on record the copy of the scheme downloaded through internet, copy of Invoice, copies of the e-mails exchanged between the parties in support of his case.

7.       From the un-rebutted testimony of the complainant and documents placed on record, we are convinced that the story put forth by the complainant is true.  Bare perusal of the Annexure-A  makes it  clear that OP-1 had offered a scheme of “add Rs.300/- and get  extra Rs.300/- cashback(Lumia Mobiles)” on the purchase of Lumia mobile but within two months of the purchase of the mobile , OP-1 failed to provide the said scheme. Withdrawal of the scheme offered/promised by the OP-1 at the time of purchase of mobile to the complainant amounts to unfair trade practices, we, therefore, hold OP-1 guilty for unfair trade practice. We direct OP-1 to pay to the complainant a sum of Rs.2,000/- on account of compensation and litigation cost.

The order shall be complied with within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP-1 within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. This final order be sent to server (www.confonet.nic.in ). File be consigned to Record Room. A copy of this order each be sent to both parties free of cost by post.

 

Announced in open Forum on 12/09/2018.

 

(ARUN KUMAR ARYA)

                                                      PRESIDENT

 

                            (NIPUR CHANDNA)                                            (H M VYAS)

                                                   MEMBER                                                  MEMBER