IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Dated this the 30^th day of May 2023

Present: Sri.Manulal.V.S, President

                                                                                            Smt.Bindhu.R, Member

             Sri.K.M.Anto, Member

CC No. 100/2021 (Filed on 06.07.2021)

Complainant                           :         M-Technologies, 565 A, Near KSEB

                                                          Ponkunnam, Kottayam represented by

                                                          Proprietor Sabu D, aged 54 years

                                                          S/o Devasia.        

                                                          (By Adv.Rohit Ajay)   

                                                          Vs

Opposite party                        :         Proprietor, S Nursery, Manjilhati

                                                          Village, Chakla, Barasat P.O,

                                North 24 Paraganas

                                                                                               Kolkata, West Bengal-743424.

O R D E R

Sri.K.M.Anto, Member

The complaint is filed under section 35 of the consumer protection Act 2019.

The brief of the complaint is as follows. On 27/12/2020 the complainant visited the   Face book account of the opposite party and had given order for garden plants worth Rs.84,600/-. The opposite party demanded Rs.6,000/- as cost for carton box, Rs.2,500/- as transportation cost from the nursery to the railway station and Rs.20,000/- as rail transportation cost. The opposite party had issued a bill for Rs.1,13,100/- to the complainant. The complainant paid Rs.13,100/ as advance via Google pay on 27/12/2020 and Rs.1,00,000/- through ICICI Bank on the same day 27/12/2020 to the opposite party. At the time of payment the opposite party promised that the product will be dispatched within 24 hours .The complainant repeatedly contacted the opposite party but no action was taken by the opposite party to deliver the products. But the opposite party had not delivered the products.  Realizing that the opposite party has no intention to deliver the products, a legal notice was sent to the opposite party on 12/01/2021 demanding refund of money but the opposite party ignored the legal demand from the complaint. Hence this complaint is filed for directing the opposite party to repay the amount of Rs.1,13,000/-. Paid by the complainant and for compensation of Rs.15,000/- with Rs.2,500/- as cost for this litigation.

On admission of the complaint, copy of the complaint was duly served to the opposite party.

The complainant filed proof affidavit and marked documents as Exhibits A1 to A5. Even though the copy of the complaint was duly served to the opposite party, the opposite party failed to file their version or to appear before the commission to defend their case. The opposite party was set exparte.

On going through the complaint and evidence adduced we would like to consider the following points.

1. Whether there is deficiency in service on the part of the opposite party
2. If so what are the relief and costs?

Points 1 and 2

On the basis of the complaint, proof affidavit of the complainant and evidence on record it is clear that the complainant had given online order for garden plants to the opposite party worth  Rs.84,600/- .   The complainant had paid  Rs.1,13,000/-  as the cost for the garden plants including transportation expenses on 27/12/2020 to the opposite party. Ext A3 is the receipt of payment of Rs.13,000/- via Google pay with UPI Transaction ID.036214226349 on 27/12/2020 and the payment of Rs.1,00,000/- with Transaction Reference Id 452344331 on 27/12/2020 to the opposite party. Ext A4 is the copy of the account statement of the complainant having account No.074605500240 with ICICI Bank for the period from 27/12/2020 to 28/12/2020. Ext A4 account statement confirms the payment of Rs.13,100/- and the payment of Rs.1,00,000/- to the opposite party. From the available evidence it is clear that the opposite party failed to deliver the garden plants as ordered by the complainant as promised after receiving the payment from the complainant on 27/12/2020.  This act on the part of the opposite party is clearly deficiency of service from their part. Point No1 and 2 are found in favor of the complainant. We allow the complaint and pass the following orders.

1. The opposite party is directed to pay Rs.1,13,000/- to the complainant within 30 days from the date of receipt of the copy of this order with as interest @ 9% p.a from 06.07.2021, the date of filing of this complaint.
2. The opposite party is directed to pay Rs.10,000/- as compensation for the mental agony and sufferings with cost Rs.1,000/-.

The order shall be complied within 30 days from the date of receipt of the copy of this order. If not complied as ordered, the amounts will carry 9 % interest from the date of this order till realization.

          Pronounced in the Open Commission on this the ^th  day of May, 2023.

Sri. K.M. Anto, Member           sd/-

Sri.Manulal.V.S, President    sd/-

Smt.Bindhu.R, Member            sd/-

Appendix

Exhibits marked from the side of complainant.

A1-    Copy of the whatsapp screenshots.

A2-    Copy of the purchase bill issued by the opposite party

A3-    Copy of the screenshot of online payment.

A4-    Copy of the statement of account of ICICI Bank

A5-    Copy of the legal notice dated 12.01.2021.

Exhibits marked from the side of opposite party

Nil

By order

  Assistant Registrar