ORDER

06.02.2024

SH. RAJESH, MEMBER

1. Vide this order we will be deciding the admissibility of present complaint.
2. Present complaint has been filed by complaints seeking a direction to the opposite party to refund a sum of Rs.  23,600/- along with interest cost and compensation.
3. It is stated that the complainant is a proprietorship firm which is represented by Shri Gurjeet Singh. Authorised by way of authority Letter issued by proprietor of Diesel Engine Sales & services Sh. Sandeep Vig.
4. It is stated that complainant took rental services from the opposite party for official purpose via telephonic calls received from one of the executives also the product demo was given at this address of the Complainant.
5. The same was found to be very below the standard, as promised by the opposite party at the time of purchase. Thus leaving complainant red faced also posting an irreparable loss to the image of the complainant even after investing huge amount of money in the product Little did he know that service is provided by such big brand would of this substandard quality. 
6. It is stated that somehow the complainant still having faith in the brand that the issue faced by him would soon be resolved up to his satisfaction emailed opposite parties several times, but opposite party did not give any response to complainant except the Procrastination on the One or the other pretext.
7. It is stated that after several reminders and follow up calls and emails by the complainant Issues were not resolved also till date nothing has been done by the opposite party to resolve the issue. Up to the satisfaction of the complainant that is causing the complainant further losses.
8. It is stated that the compliment made purchase wide invoice dated 10th August 2021 for an amount of Rs.10,000 as per invoice number SVC/ 035596/21-22 and another Invoice dated 10th August 2021 for an amount of Rs. 13,600 as per invoice number SVC/035587/21-22. It is pertinent to mention here again the whole amount mentioned in the booth. The invoices was given as an advanced by the compliment via online payment from his account.
9. It is stated that subsequently when complaint was fed up and it is hard and money back from the above named opposite party. Instead of returning, the money started ignoring the complaint by giving No reply.
10. It is stated that the complainant had sent numerous Emails regarding his grievances but all efforts went into vain as till date opposite party are not able to give any satisfactory reply or any proper justification for such unwarranted acts. It is submitted that the above said act on the opposite party has caused great loss and damage besides mental tension, agony and trauma and inconvenience, loss of value of money to the complainant.
11. It is stated that agreed by the opposite parties, the complainant issued a legal notice through his counsel on the email ID and WhatsApp number of the opposite party but all in vain.
12. We have heard the Council for complainant and perused the record available before us.
13. To admit the present complaint, we have a form a prima facie opinion whether there is a Consumer Dispute in the present complaint within the meaning of the Consumer Protection Act 2019.
14. As per the averments made in the present complaint and record available before us it is transpired that on 21.08.2020 the complainant paid a sum of Rs. 23,600/- on account of the consideration to the Opposite Party for availing services, however, in the present complaint the nature of services availed by the complainant from OP have not been described by the complainant for which complainant paid consideration to OP. The allegation with respect to deficiency in services availed by the complainant from OP have also not been described by the complainant. No cause of action to file the present complaint, in favour of complainant and against the OP has been mentioned by the complainant.  The nature of dispute has also not been mentioned so as to justify the claim of the complainant for refund of consideration paid by him to OP.
15. In view of above discussions, we are of the considered opinion that in the present complaint lacks cause of action and there appears to be no consumer dispute, therefore, same is not maintainable in the eyes of law, and hence the same is dismissed at the stage of admission.
16. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in. File be consigned to Record Room.

Announced in open Commission on 06.02.2024.

(SANJAY KUMAR)                                          (RAJESH)        

PRESIDENT                                                       MEMBER