DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088

CC No: 48/2017

MR. RHYME JASUJA

C-79, MAHENDRU ENCLAVE, STREET No-4,

G.T. KARNAL ROAD, NEAR HANS CINEMA,

DELHI-110033.

                                                                                                   … COMPLAINANT

Versus

PAYBACK BAZAAR

406/6, NEW MAHADA,

LOKHANDWALA COMPLEX, ANDHERI WEST,

MUMBAI-400053.                                                                … OPPOSITE PARTY                  

CORAM:   SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMAD, MEMBER

                MS. USHA KHANNA, MEMBER

                         Date of Institution: 11.01.2017

Date of Decision: 17.01.2017

 ORDER

SH. BARIQ AHMED, MEMBER

1.       Complainant has filed the present complaint against OP on the allegations that OP is a duly registered company engaged in the business of buying and selling of various products and offering benefits. The complainant availed an offer displayed on the website of the OP. As per the offer, the OP will give benefits worth Rs.15,000/- in six monthly parts i.e. Rs.2,500/- p.m. The complainant further alleged that he paid Rs.11,999/- on 26.09.2016 to the OP and thereafter complainant received the benefits for the first month which is Rs.2,500/- and thereafter OP stopped paying the benefit installments to the complainant. The complainant followed up the matter with the OP about delay but the OP gave an excuse that data has been erased due to fire in the office and sought time of 3-4 months. In the fourth month the complainant received a call from Mr. Aryan Chaudhary (CEO & owner of OP as told by him) that he will start receiving his benefits from the next month. But no such benefit was received and the complainant registered his complaint on the website of the OP but no solution.      

2.       On these allegations, the complainant filed the present complaint under section 11 of the Consumer Protection Act with a prayer to hold the OP has breached the contract by not delivering the benefits and not refunding the money and has claimed refund of Rs. 11,999/- as well as compensation of Rs.50,000/- for causing mental pain and agony. 

3.       We have heard complainant on the maintainability of case and gone through the record in the light of provisions of Section 12 of the Consumer Protection Act, 1986. For the sake of convenience relevant provisions of sections 2 (d) & 12 of the Consumer Protection Act, 1986 are reproduced here as under:

Section 2 (d) “Consumer means any person who: -

(i)       buys any goods for a consideration which has been paid or promised pr partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii)      hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires of avails of the services for consideration paid or promised, or partly paid or partly promised or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who avails of such services for any commercial purpose;

Section 12:          Manner in which complaint shall be made- (1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by:

1. The consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
2. Any recognized consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not;
3. One or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or
4. The Central Government or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.

6.       In support of his submissions, the complainant placed on record copy of statement of transaction of the complainant through ICICI Bank as well as payment receipt obtained through internet.

7.       But a perusal of the alleged documents placed on record by the complainant does not show that the OP has sold any product or has promised to give any product or benefit after deposit of Rs.11,999/- by the complainant. Moreover, this document also does not show that there is any promise or assurance or guarantee or any undertaking by the OP to give benefits of Rs.2,500/- p.m. to the complainant as alleged.

8.       In the light of the above discussion, we are of the opinion that there is no cogent evidence placed on record by the complainant in support of his case and we are further of opinion that the complainant is not covered within the definition of consumer. Accordingly we did not find any merits in the complaint and is dismissed.

9.       Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 17^th January, 2017.

  BARIQ AHMED                            USHA KHANNA                           M.K. GUPTA

    (MEMBER)                                    (MEMBER)                                (PRESIDENT)

DISTRICT CONS