Delhi

North

RBT/CC/252/2022

MR RISHABH ARORA - Complainant(s)

Versus

PUNJAB NATIONAL BANK - Opp.Party(s)

07 Feb 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No. RBT/CC/252/2022

In the matter of

Sh. Rishabh Arora

A-1 Indra Nagar,

Adarsh Nagar,

Delhi-110033                                                                 ..........Complainant

 

Vs

Punjab National Bank

A-9, Adarsh Nagar,

Delhi-110033                                                            .....Opposite party No.1

 

Paytm Co. Pvt. Ltd.

F-44, Udyog Marg,

F-Block, Noida

Uttar Pradesh-201301                                                .....Opposite party No. 2

 

ORDER

07/02/2023

Harpreet Kaur Charya, Member

The present complaint has been received by way of transfer vide order No.F.1/SCDRC/Admn./Transfer/2022/330 dated 16/04/2022 of Hon’ble Delhi State Consumer Dispute Redressal Commission where the matter has been transferred from DCDRC-V (North-West) to this Commission. 

This complaint has been filed by Sh. Rishabh Arora, the complainant against Punjab National Bank as OP-1 and Paytm Pvt. Co. Ltd. as OP-2.

Briefly stated the facts of the present complaint are that on 11.02.2018, the Complainant placed an order for “Cadbury chocolates” from OP-2, which was to be delivered in 7 to 9 days but the order was cancelled after 5 days. The Complainant was informed that the order was cancelled by the merchant due to non-shipment of order in time, for which the merchant was penalised as per terms & conditions.

As stated by the  complainant the mode of payment for the order was through Paytm wallet, the refund was added to the wallet, later, the wallet  was blocked on account of excessive usage of promo code.

On 24.02.2018, the Complainant again ordered “Cadbury Chocolates” from Paytm Mall, part of which was a gift for his cousin vide order no.4689878902; 4689857898 and 4689831718 from mobile no. 9873651584 and 4690497027 and 4690236671 from mob. No. 9990895385. The amount of      Rs. 19,770/- for order was paid through account maintained with PNB (OP-1). The Complainant has stated that the balance of Rs. 6,110/- has not be refunded despite several complaints. A complaint was also registered with National Consumer Helpline, but the issue was not resolved.

          The Complainant has alleged that the order was cancelled by OP-2 due to the company offer of 45% discount/cashback. Feeling aggrieved by the non refund of the balance amount, the Complainant has prayed for directions to OP to:-

1. Refund of Rs.6,110/- (Rs 19,770/- - Rs. 13,660/-) along with interest @ 10% p.m.
2. Pay Rs. 40,000/- or chocolates amounting to (Rs. 19,710/- + Rs. 21,500/-) towards physical strain &mental agony.
3. Rs. 50,000/- as cost of litigation

The Complainant has annexed the screen shots of “my orders”, complaint details for complaint no. 663419, email exchanged with Paytm care from 27.03.2018 to 31.03.2018 and the copy of the passbook in the name of            Mr. Yogesh Arora and Ms. Vishni Devi.

          Notice of the present complaint was served upon OP-1 and OP-2. OP-2 did not put appearance despite service and neither any reply was filed on their behalf. Hence, they were proceeded ex-parte vide order dated 12.09.2018.

          OP-1 filed their Written Statement. They have taken several preliminary objections such as: that no cause of action had arisen in favour of the Complainant qua them; the Complainant had purchased Cadbury Dairy Milk Chocolate and the payment was given by the Complainant to Paytm (OP-2), and the order ID was/ were not in their name. They have denied about their role in payment/knowledge of payment. Rest of the contents of the complaint have also been denied.

          Rejoinder to the Written Statement of OP-1 was filed by the Complainant. It has been submitted that online order for the chocolates was placed as they were available at a comparatively cheaper price. The Complainant has alleged that the order was cancelled by the seller due to heavy discount/cashback.

          It has been further submitted by the Complainant that OP-2 had requested the Complainant to raise a charge back which was refused by OP-1. The Complainant has stated that OP-2 has also provided the reference number as a proof of successful refund but as per OP-1 that too did not help the Complainant. Finally, Paytm  informed the Complainant that the full amount that had been debited has been refunded back to the customer’s account. The Complainant has annexed the copy of the passbook, emails exchanged between OP-2 and the Complainant, the reference no. disclosing that the refund initiated by OP-2 was successful with the rejoinder.

Evidence by way of Affidavit was filed by the Complainant. It is seen that the unsigned affidavit duly notarised is on record, therefore, it will not form part of record.

OP-1 have also filed their evidence by way of Affidavit and have got examined Sh. Tara Chand Verma, Branch Manager. He has got his power of attorney exhibited as Ex.RW1/1. They have stated that the affidavit filed by the Complainant was without solemn affirmation which is the basic requirement. It has been stated that the Complainant had placed nothing on record to show that the order was cancelled automatically and no notice was given to them. They have not also taken the objections that OP-1 did not enter into a contract nor did they have the knowledge about the payment made by the Complainant. It was also submitted that the Complainant had not impleaded the Company or the supplier of the Chocolates as a party in the present complaint.

We have heard the submissions made by the Ld. Counsel on behalf of OP-1 and have perused the material placed on record. Notice of appearance was issued to the Complainant but no one appeared despite service.

An unsigned duly notarised affidavit has been filed by the complainant.  As the complainant has filed evidence by way of affidavit which is unsigned and thus does not form part of the record, therefore, in the absence of complainant evidence, the complainant has not been able to prove his allegations.

Since, the complainant has failed to prove his case; the present complaint is dismissed without orders to cost.

 

 

 

(Harpreet Kaur Charya)

Member

(Divya Jyoti Jaipuriar, President)

I have the benefit of going through the order passed by Ms. Harpreet Kaur Charya, Ld. Member. I completely agree with the observations and the conclusion of her order. I accordingly completely agree with the final order so passed by Ld. Member.

However, in view of the fact that Complainant has filed the evidence, which was not signed but duly notarised by the notary namely Shri Madan Lal Gupta, Govt of India Notary Registration No. 4921, I feel it appropriate to report the conduct of the said notary advocate to the Ld. Secretary, Department of Legal Affairs, Ministry of Law and Justice, Govt. of India, 4th Floor, A-Wing, Shastri Bhawan New Delhi-110 001 as in our opinion, Notary cannot attest any affidavit, unless the same is duly signed by the deponent in his presence and the deponent is duly identified by any person known to the notary. In the case in hand, attesting the unsigned affidavit by the notary is clearly against the law.

Accordingly office is directed to send a copy of this order and the copy of unsigned notarised affidavit dated 10.04.2019 filed by the Complainant to the Ld. Secretary. Ld. Secretary is requested to take appropriate action against the attesting notary namely Shri Madan Lal Gupta (Govt of India Notary Registration No. 4921) in accordance with law and inform this Commission.

With above additional direction to the office, I concur with the order so passed by Ld. Member.

 

 

(Divya Jyoti Jaipuriar)

President

 

In view of the above, the complaint is dismissed without orders to cost.

Office is directed to supply the copy of this order to the parties as per rules. Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

 

 

 

               (Harpreet Kaur Charya)                               (Divya Jyoti Jaipuriar)

Member                                                      President