| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Consumer Complaint No. 441 of 24.10.2016 Decided on: 30.3.2017 Mohit Choudhary aged 23 years , student ,Rajiv Gandhi National University of Law, Bhadson Road, Sidhuwal, Patiala Punjab 147001. …………...Complainant Versus 1. One Mobikwik System Private Limited, 2nd Floor, Orchid Centre, Gold Course Road Sector 53, Gurgaon, Haryana 122002 India. 2. Shri Bipin Preet Singh, CEO, One Mobikwik System Private Limited, 2nd Floor, Orchid Centre, Gold Course Road Sector 53, Gurgaon, Haryana 122002 India. …………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Smt. Neena Sandhu, President Smt. Neelam Gupta, Member ARGUED BY: Sh.Mohit Choudhar, complainant in person. Opposite Parties ex-parte. ORDER SMT.NEELAM GUPTA, MEMBER - The complainant is a student of Rajiv Gandhi National University of Law, Patiala. OP no.1 is One Mobikwik System Private Limited, operating mobile Applications/Software named ‘Mobikwik’. ‘Mobikwik’ is a mobile Application/Software hereinafter referred to as application, which is providing e-wallet/payment service for variety on on-line transactions viz shopping, recharge etc..The parent company operating the application is registered as One Mobikwik System Private Limited,, herein after referred to as OP no.1, as per the information provided on website’ OP no.2 is Mr. Bipin Preet Singh, CEO, One Mobikwik System Private Limited. It is averred that OP no.1 offered monthly cash back scheme through its application on purchase of selected models of Microsoft Lumia cell phones. The scheme was such wherein on depositing Rs.300/- in application’s account/e-wallet ( electronic wallet), OP no.1 would also deposit Rs.300/- from its side meaning thereby that on deposit of Rs.300/-one can avail of Rs.600/-.The benefits, as advertised, were to be availed per month for a period of 12 months starting from the month of installing the application on the mobile phone and registering on the application using an e-mail id from selected models of Microsoft Lumia cell phones. Relying upon the advertisement, the complainant purchased one Microsoft Lumia 430 cell phone and registered on the application. The cash back amount of Rs.300/- was to be credited automatically from the side of OP no.1 upon transferring Rs.300/- to application’s account/wallet and using a code “LUM300”, while depositing the money. The scheme was to be availed not more than once every month for a period of 12 months, in the present case starting from October,2015, as the complainant purchased the product on 15.10.2015. The last date for registering on application to avail the benefit was 15.11.2015 as advertised by Op no.1. The complainant availed the benefit for three months and thereafter the Promo code used to get Rs.300/- as cash back, could not be applied in January. The complainant informed OP no.1 about the issue, vide complaint No.(Ticket No.) 4119023 and Op no.1 manually credited the cash back for the month of January,2016. This problem of non applicability of Promo “LUM300” persisted in the month of February,2016 also, but the cash back was credited with a different Promo code applied automatically on using “LUM300”. Again in the month of March,2016, the cash back was not credited for the 6th month i.e. March,2016 and the complainant lodged a complaint vide ticket No.4526219 but OP no.1 refused to credit the cash back. Thereafter the false assurances from Op no.1 materially misled the complainant regarding the benefit arising out of the service promised. It is further averred that Op no.1 also deleted from its user accessible database, stored over a grievance redressal platform provided by OP no.1 inbuilt in the Mobile app, all the communications regarding grievance of the complainant. On 30th March,2016, the complainant got served a legal notice to the OPs but the OPs failed to respond to the legal notice. The complainant suffered pecuniary loss and also underwent mental agony by the illegal and arbitrary act of the OP. Ultimately he approached this Forum under Section 12 of the Consumer Protection Act(for short the Act),1986.
- On notice, OPs failed to appear despite service and were thus proceeded against ex-parte.
- In support of his case, the complainant produced in evidence,Ex.CA his sworn affidavit alongwith documents Exs.C1 to C5 and closed the evidence.
- The complainant failed to file written arguments. We have heard the complainant in person and also gone through the evidence on record.
- Ex.C1 is the advertisement of the scheme started by OP which shows that the scheme was valid for 12 months. Relying upon the advertisement, the complainant purchased one Microsoft Lumia 430 cell phone and registered on the application on 15.10.2015. But the complainant got the benefit for 5 months only. In the month of January, the complainant lodged the complaint vide Ex.C2 and the company manually credited the cash back for the month of January, 2016. The same problem persisted in the month of February,20-16 also, which was solved by using different promo code.Ex.C3, is the copy of the complaint vide which the complainant lodged a complaint in the month of March,2016 when cash back was not credited for the month of March,2016.But OP no.1 refused to credit the cash back. Ultimately Op no.1 deleted access for future reference. The complainant suffered monetary loss as well as underwent a lot of harassment. Failure on the part of OP no.1 to credit the cash back for the remaining seven months amounted to unfair trade practice
 as well as deficiency in service on its part. - In view of the aforesaid discussion, we accept the complaint of the complainant against OP no.1 only as OP no.1 is the parent company and OP no.2 is merely a performa party. Op no.1 is hereby directed to refund an amount of Rs.2100/- i.e. the cash back amount on the basis of Rs.300/- for the remaining seven months alongwith a sum of Rs.7000/-as compensation for the harassment undergone by the complainant and also a sum of Rs.5000/- as litigation expenses. Certified copies of the order be sent to the parties free of cost under the rules. Thereafter file be indexed and consigned to the Record Room.
ANNOUNCED DATED:30.3.2017 NEENA SANDHU PRESIDENT NEELAM GUPTA MEMBER | |
