Date of Filing:14.08.2008<br /> Date of Order:27.11.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 27TH DAY OF NOVEMBER 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 1786 OF 2008<br /> <br /> Vijay Kumar Singh,<br /> 39/40, HP Global Soft Ltd.,<br /> Electronic City-02,<br /> Hosur Road, Bangalore 560 100. Complainant<br /> <br /> V/S<br /> <br /> Pushpam Appal Naidu,<br /> Managing Director,<br /> Questnet Enterprises India OPvt. Ltd.,<br /> No.871, Solitaire Corporate Park Building No.8,<br /> H Wing, 7th Floor, 167, Guru Har Govindji Marg,<br /> Ghakala, Andheri (East),<br /> Mumbai-400021.<br /> <br /> Local Address:<br /> Questnet Enterprises India Pvt. Ltd.,<br /> No.303, Prestige Center Point,<br /> III Floor, Cunningham Road,<br /> Bangalore 560 052. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant. The brief facts of the case are that, the complainant has joined as member of Quiestnet Enterprises India Pvt. Limited on 23/02/2008. As per the initial condition for Network Market Business, he has ordered for the product “Indian Revolutionairs Medallions Set” from the opposite party company. Complainant has paid Rs.32,290/- to the opposite party company including shipping charges of Rs.2,300/-. But as per the assurance given by the company the complainant has not received the coins till now. The purpose of coin was to upload on web portal for its resale before 15/08/2008. The company failed to deliver the coin. The complainant states that he has lodged the complaint online on the company’s site, but he did not receive any proper response. Complainant states that he wants recovery of full amount since he will not wait anymore for the coin. <br /> 2. Notice issued to opposite party by RPAD. Notice sent to Bombay address returned with an endorsement as unclaimed and the case was posted for hearing on 06/11/2008. Opposite party did not appear before this Forum and defense version by post also not received. Since notice was unclaimed by the opposite party same was held as sufficient service and opposite party was placed exparte. <br /> 3. Affidavit evidence of complainant’s wife filed. Arguments are heard.<br /> 4. I have gone through the complaint and documents produced by the complainant. The complainant has produced print receipt dated 26/02/2008. This receipt is called Credit Card Independent Representative Receipt. As per this receipt the complainant has paid Rs.29,990/- towards unit amount and Rs.2,300/- as S/H fee. The total amount paid was Rs.32,290/-. The complainant has produced correspondence made with the opposite party through e-mail. The complainant informed by e-mail to the opposite party that he had ordered for the product on 23/02/2008, but still now he has not received any coin and no information over that. The case stated by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter. It appears that the opposite party has no defense to make that why he has not appeared and put up its defense. By the documents produced by the complainant it is clear that he has paid Rs.32,290/- and he has not received the “Indian Revolutionaires Medallions Set”. Therefore, the complainant wants refund of the amount. The request of the complainant is quite fair, just and proper. The opposite party has committed deficiency in service in not honouring the commitment. Therefore, the opposite party shall be directed to refund the amount. In the result, I proceed to pass the following:-<br /> <br /> ORDER<br /> <br /> 5. The Complaint is allowed. The opposite party is directed to refund Rs.32.290/- to the complainant along with 12% interest p.a from the date of receipt of the amount from the complainant till repayment. <br /> 6. The complainant is entitled to Rs.2,000/- towards costs of the present proceedings from the opposite party.<br /> 7. The opposite party is directed to comply the order within 30 days from the date of this order. <br /> 8. Send the copy of this Order to both the parties free of costs immediately as a statutory requirement. <br /> 9. Pronounced in the Open Forum on this 27TH DAY OF NOVEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> <br /> Rhr.<br />