D.O.F:01/09/2022

                                                                                                   D.O.O:28/02/2023

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION,    KASARAGOD

      CC.No.207/2022

Dated this, the 28^th day of February 2023

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Abdulla Hansar K.M, aged 36 years

Prop. Asian Wood Doors,

Near KinfraPark,                                                                  : Complainant

Seethangoli,

KasaragodTaluk and District

And

Prathibha,

Manager, Prena Sharma,

Research Analyst,

3/391, Kala Kaun, Aravalli Vihar,                                      : Opposite Party

Housing Board, Alwar,

Rajasthan- 301001

 ORDER

SRI.RADHAKRISHNAN NAIR.M : MEMBER

The complaint is filed under section 35 of Consumer Protection Act 2019 on the ground of service deficiency on the part of Opposite Party.

The facts of the case in brief as follows: The complainant invested an amount ofRs.1,00,000/- in ZERODHA, a share broker company, as induced by the opposite party.  The opposite party assured that they will connect their ROBO AUTO TRADING SOFTWARE to his ZERODHA Account and also the complainant will get 60% to 75% profit for that business per month. But after the investment the opposite party failed to connect the ZERODHA to their ROBO AUTO TRADING SOFTWARE. Thereafter, the opposite party demanded complainant to pay Rs.30,000/- to connect the said software and complainant paid Rs.30,000/- from the account of his firm.(AccountNo.0819073000000070, South Indian Bank, Mogral Branch) to the account of Opposite Party (A/C.No.50200024628565 of HDFC Bank, Alwar, Rajasthan).The opposite party also furnished a list of profit of share trading to the complainant, which was found to be fake. Even after receiving the amount of Rs.30,000/- the opposite party failed to connect their software. The act of the opposite party is unfair trade practice and due to which complainant suffered mental agony apart from monitory loss. Hence this complaint is filed for a direction to the opposite party to return the amount of 30,000/- along with a compensation of Rs.50,000/- and costs.

The notice sent to the opposite party was duly served, but they remained absent and was set exparte.

The complainant filed proof affidavit in lieu of chief examination and documents Ext.A1 marked. Ext.A1 is the transaction receipt for Rs.30,000/- dated 24/08/2022.

     Based on the pleadings the following issues are framed for consideration.

1. Whether there is any unfair trade practice or service deficiency on the part of the opposite party.

2. If so what is the relief

For convenience, both these issues are considered together.

The specific case of the complainant is that the opposite party failed to connect their ROBO AUTO TRADING SOFTWARE to his ZERODHA account, as offered, even after receiving the amount of Rs.30,000/- as demanded for the same. The complainant produced the Ext A1, which is the Transaction Receipt to prove his case. The Ext A1 would show that the complainant had paid Rs.30,000/- from the account of his firm Asian Wood Doors (Account No.0819073000000070, South Indian Bank, Mogral Branch) to the account of Opposite Party (A/C No.50200024628565 of HDFC bank, Alwar, Rajasthan).

Considering the facts and circumstances of the case and in the absence of rebuttal evidence this commission is of the view that the act of the Opposite Party amounts to unfair trade practice, due to which complainant suffered mental agony apart from monitory loss. It is needless to say that the opposite party is liable to compensate for the loss of the complainant. The complainant is entitled for the refund of the amount of Rs.30,000/- along with a compensation and costs.

The complainant estimates his damages to the tune of Rs.50,000/-. But there is no evidence for such a huge loss. This commission is of the view that Rs.10,000/- will be a reasonable compensation for mental agony and hardships in this case.

In the result the complaint is allowed, directing the Opposite Party to pay Rs.30,000/- (Rupees Thirty Thousand only) to the complainant, towards the refund of the amount paid, with interest at the rate of 8% per annum from 01.09.2022, the date of complainant to the date of payment.  The opposite party is also directed to pay Rs.10,000/- (Rupees Ten Thousand only) towards compensation along with Rs.5,000/- (Rupees Five Thousand only) towards costs.

Time for compliance is 30 days from receipt of copy of this judgment.

      Sd/-                                                   Sd/-                                                        Sd/-

MEMBER                                    MEMBER                                     PRESIDENT

Exhibits

A1: Transaction Receipt

       Sd/-                                                  Sd/-                                                       Sd/-

MEMBER                                    MEMBER                                     PRESIDENT

Forwarded by Order

Ps/                                                                              Assistant Registrar