Chandigarh

DF-II

CC/569/2017

Vipul Sharma - Complainant(s)

Versus

One Mobikwik Systems Pvt. Ltd., - Opp.Party(s)

Somesh Gupta Adv.

23 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	569 of 2017
Date  of  Institution	:	26.07.2017
Date   of   Decision	:	23.04.2018

 

 

 

 

1]  Vipul Sharma s/o Sh.Kailash Nath, R/o H.No.101-C, SBP Homes Society, Sector 126, Kharar, Mohali.

2]  Neena Sharma w/o Sh.Kailash Nath, R/o H.No.101-C, SBP Homes Society, Sector 126, Kharar, Mohali.  

             …..Complainants

Versus

1]  One Mobikwik Systems Pvt. Ltd., through its Authorised Signatory, 2^nd Floor, Orchid Centre, Gold Course Road, Sector 53, Gurugram, Haryana, 122002

2]  Connect Broadband, through its Authorised Signatory, Connect Care Office, SCO No.451-452, First Floor, Sector 35-C, Chandigarh.   

   ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER 

                               

 

 

Argued by :- Sh.Somesh Gupta, Adv. for complainant.

             Sh.Parminder singh Rai, Adv. for OP No.1

  Opposite Party No.2 exparte.

 

 

PER PRITI MALHOTRA, MEMBER

 

         Briefly stated, the complainants are using Wireless Broadband Service of Opposite Party NO.2 bearing Account No.2904083, which is in the name of complainant No.2.  It is stated that complainant No.1, having e-wallet account with Opposite Party NO.1, added Rs.778/- from his bank account and paid bill of Rs.808/- of Opposite Party No.2, dated 1.6.2017 (Ann.P-1) on 6.6.2017 through e-platform provided by Opposite Party No.1.  However, the Opposite Party No.2 informed the complainant that it has not received the payment of Rs.808/- (Ann.P-5).  The matter was brought to the notice of Opposite Party No.1 through exchange of e-mail, but still he did not received back the said payment nor it has been credited to the account of Opposite Party NO.2 by Opposite Party No.1.  It is averred that the complainant received bill dated 12.7.2017 from Opposite Party No.2 reflecting outstanding payment of Rs.808.13/- and current charges of Rs.1428.85 (Ann.P-11) and in order to avoid disconnection, the complainant paid the bill of Rs.2237/- to Opposite Party No.2, which include previous payment of Rs.808/- made through e-platform.  It is averred that due to said deficient act of the OPs, the complainants have to make the payment of Rs.808/- twice without any fault, which also amounts to unfair trade practice. Hence, this complaint has been filed.

 

2]       Opposite Party No.1-One Mobikwik System has filed reply and while admitting the factual matrix of the case, stated that complainant No.1 has availed the service of Opposite Party No.1 on 6.6.2017 for making payment for Rs.808/-.  It is admitted that an amount of Rs.808/- was paid by complainant No.1 through e-platform provided by Opposite Party NO.1. It is stated that transaction made by the complainant No.1 was successful at service provider’s end but it was unsuccessful at gateway of merchant’s end to whom the amount was so paid and therefore, the refund was made by the gateway of such merchant to the user in case of unsuccessful transaction. It is also stated that the complainant No.1 had received the refund of Rs.808/- on 29.7.2017 in his e-wallet and total amount became Rs.2396.75/- on 29.7.2017 in the e-wallet of the complainant. It is submitted that the present complaint was admitted by this Forum on 10.8.2017, whereas the refund was already made to the complainant on 29.7.2017.  Pleading no deficiency in service and denying rest of the allegations, the Opposite Party No.1 has prayed for dismissal of the complaint.

 

         Opposite Party NO.2 did not turn up despite service of notice, hence it was proceeded exparte vide order dated 12.9.2017.

 

3]       Replication has also been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of the reply filed by OPs.  

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the entire record.

 

6]       Annexure R-3 clinches the whole issue in dispute, which reflects that the disputed amount of Rs.808/- was credited into the wallet account of the complainant maintained with Opposite Party No.1 on 29.7.2017, whereas the present complaint was filed on 27.7.2017 and due notices were issued to the Opposite Parties.  

 

7]       The e-mail correspondences placed on record by the complainant reflects the deficiency in service on the part of Opposite Party No.1 for delaying the process of crediting/refunding the amount of the complainant.  The complainant duly raised the grouse with Opposite Party No.1 on 20.6.2017, which was resolved with much delay on 29.7.2017 by Opposite Party No.1 and apparently was resolved only once the complainant was forced to indulge into avoidable litigation.  Since, the disputed amount has already been credited in the wallet account of the complainant maintained with Opposite Party No.1, so the complainant is only entitled for the compensation for harassment and litigation cost, which we assess to the tune of Rs.3000/-.  Accordingly, the complaint is allowed with direction to the Opposite Party No.1 to pay a composite amount of Rs.3000/- to the complainant towards compensation and litigation cost, within a period of 30 days from the date of receipt of copy of this order.

         In case the Opposite Party No.1 failed to comply with the above order, then it shall also be liable to pay additional compensatory cost of Rs.2000/- apart from the above relief.

 

8]       However, the complaint qua Opposite Party No.2 stands dismissed.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

23^rd April, 2018                                                                                                                                                                       Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER