IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Thursday the 30th day of June, 2023.
Filed on 03.11.2022
Present
1. Smt.P.R Sholy, B.A.L, LLB (President-in-charge )
2. Smt.C.K.Lekhamma, B.A, LLB (Member)
CC/No.280/2022
between
Complainant:- Opposite party:-
Sri.Sivaprasad K R One Mobikwik Systems Ltd.
Sree Shailam Unit No.102, 1st floor,
Mannancherry P.O. Block B Pegasus one, Golf course road
Alappuzha-688538 Sector 53, Gurugram
(Party in person) Haryana-122003
(Adv.R.Sanal Kumar)
O R D E R
SMT. SHOLY.P.R(MEMBER)
This is a consumer complaint filed under Sec.35 of Consumer Protection Act,2019.
Complainant had paid his HDFC credit card bill payment through Mobikwik application on 01.11.2022, 4.10 PM. Thereafter he knew that the payment will be reflected only within 4-5 days. Instead of the said period it was mentioned instant payment in the said application. The said payment stands successful only after two days. The said act of the opposite party amounts to deficiency in service on their part which leads mental agony and humiliation to the complainant for the further transactions. Hence this complaint for alleging compensation of Rs.50 lakhs from opposite party.
2. In response to the complaint opposite party filed version as follows:-
The contents of the entire complaint are false, frivolous and vehemently delayed it is denied that the alleged transaction took 2-3 days in its completion as alleged by the complainant and he shall be put to strict proof of the same. The alleged transaction was processed on the very same day on which it was initiated and was reflected within the stipulated time.
This complaint is not maintainable in view of the settled principle of law “Commodumex injuria sua nemo habere debet” ie, the complainant cannot be allowed to take advantage of their own wrongs. The complainant has not approached this commission with clean hands and has suppressed material and relevant facts from this Commission.
3. The opposite party is a Fintech Company operating in payments and financial service which offers Unified Payment Interface (UPI), Mobikwik Wallet as well as Mobikwik Wallet bank payments and accords topmost priority to its customer satisfaction. No rights of the complainant has been harmed and no delayed transaction as taken place and that this complaint is liable to be dismissed as there is no cause of action. The complaint is nothing but a mere conspiracy to gain undue advantage and extort money. It is cardinal principle of law that for a complaint to be maintainable under the act, it is vital for the complainant to show deficiency in services. This complaint lacks the essentials for institution of a complaint under the act and heavy cost should be levied on the complainant for trying to implicate opposite party into frivolous litigation and extort money from them.
4. On the above pleadings the points raised for consideration are:-
- Whether there is any unfair trade practice or deficiency in service from the part of opposite party as alleged?
- Whether the complainant is entitled to get the relief sought for in the complaint?
- Reliefs and cost?
Point No.1 and 2
5. Evidence in this case consists of oral evidence of PW1 and Ext.A1,A2, A3 series, A4 to A7, A8 series and A9 to A12. No oral as well as documentary evidence on the side of opposite parties. Heard both sides.
6. Point No.1 and 2
PW1 is the complainant. He filed an affidavit not in tune with the complaint and got marked Ext.A1 to A12 (A3 and A8 are in series).
7. Complainant alleged that he preferred the payment application of Mobikwik for his credit card payment believing the instant settlement through the said application. The contention in this complaint is that when the complainant had remitted the amount to HDFC for his credit card bill payment on 01.11.2022 4.10 PM through the Mobikwik application, the said payment stands successful only after 2 days from the remittance. The complainant also contented that the said situation caused much mental struggle and humiliation for the further transactions. Hence the complainant filed this complaint for getting a compensation of Rs.50 lakhs from the opposite party as its deficiency in service to the complainant.
8. Per contra the opposite party contented that the alleged transaction was processed on the very same day on which it was initiated by the complainant and was reflected within the stipulated time as well. The opposite party further alleged that this complaint filed only to gain undue advantage and extort money from opposite party as there is no case of any sort of deficiency in services from the side of opposite party.
9. On perusal of the documents, as per Ext.A4 an amount of Rs.56,000/- was paid by the complainant towards his credit card account NO.xxx8562 on 01.11.2022, 4.10 PM through Mobikwik application as order ID No.MBK 852849080 with operator reference ID NO.200116886241. As per Ext.A5 the complainant tweeted to the opposite party with respect to the matter that the said transaction was not reflected to his credit card account till 02.11.2022 8.43 AM.
10. It reveals from Ext.A6 chatting between the complainant and opposite party’s personnel that the bill payment for Rs.56,000/- was successful with the opposite party and the status to get updated at the biller may take 2-3 working days.
11. Admittedly the complainant had remitted Rs.56,000/- through opposite party payment application on 01.11.2022, at 4.10 PM for payment of his HDFC credit card bill. It is also admitted by the opposite party that the said payment was reflected to the biller for the status to get updated it may take 2-3 working days. Accordingly the same was reflected on 03.11.2022. In this matter the counsel appearing for the opposite party vehemently argued that the updation of the status, sometimes may delay with some kinds of network issues, server problems etc. Perhaps that was the problem being happened in this matter.
12. The complainant herein is approached this Commission for allowing a compensation of Rs.50 lakhs for mental agony and humiliation affected him due to the alleged deficiency in service from the part of opposite party. From the documents and evidence adduced by the complainant nothing shown in our notice to prove the deficiency in service on the side of opposite party. The complainant’s main and sole allegation is that his credit card bill payment to HDFC credit card was delayed. At this juncture it is to be noted that not even a scrap of paper produced by the complainant for proving any action taken by the biller against the complainant for non-payment of the credit card bill payment during the period of this dispute. Hence we constrained to take a view that this complaint is filed only to abuse the process of law and nothing but to consume the valuable time of this system as a whole and hence the complainant is also liable to the same.
13. Point No.3
In the result complaint stands dismissed with cost of Rs.2,000/-.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 30th day of June, 2023.
Sd/-Smt. P.R. Sholy (President in Charge)
Sd/-Smt.C.K.Lekhamma (Member)
Appendix:-Evidence of the complainant:-
PW1 - Sivaprasad K R (Complainant)
Ext.A1 - Copy of mobikwik notification
Ext.A2 - Copy of Screenshot of Mobikwik application opening part
Ext.A3 series - Copy of Screenshot of Mobikwik help and support section (3Nos)
Ext.A4 - Copy of Mobikwik bill payment invoice
Ext.A5 - Copy of Screen shot of Tweet
Ext.A6 - Copy of Screen shot of messages
Ext.A7 - Copy of Screen shot from Mobikwik offering instant settlement
Ext.A8 series - Copy of Payment bank statement 1 and 2
Ext.A9 - Copy of E-mail sent by mobikwik
Ext.A10 - Copy of screen shot from phone pay
Ext.A11 - Copy of screen shot from CRED
Ext.A12 - Copy of screen shot from Amazon pay
Evidence of the opposite parties: NIL
///True Copy ///
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Comp.by:
