Chandigarh

DF-I

CC/452/2017

Gagandeep Singh - Complainant(s)

Versus

Quikr India Pvt. Ltd. - Opp.Party(s)

Manoj Kumar Rohilla

02 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

 

                               

Consumer Complaint No.	:	CC/452/2017
Date of Institution	:	09/06/2017
Date of Decision	:	02/11/2017

 

Gagandeep Singh, resident of House No.185, Top Floor, Sector 38, Chandigarh.

…..Complainant

V E R S U S

1.     Quikr India Pvt. Ltd., 1^st Floor, Raghuvanshi Mansion, Senapati Bapat Marg, Lower Parel, Mumbai-400013 through its Authorised signatory/General Manager.

2.     Punjab Sms Job Centre Pvt. Ltd., through its authorised signatory/General Manager, 43/5, South City, Salt Lake Sector 5, Bangalore, Karnataka.

……Opposite Parties

 

CORAM :	MRS.SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                               

       

ARGUED BY	:	None for complainant
	:	OPs ex-parte

Per Surjeet Kaur, Presiding Member

1.         The facts of the consumer complaint, in brief, are that on 5.6.2017, the complainant saw an advertisement on the website of OP-1 that OP-2 is providing home basis job after paying nominal fee of Rs.2,500/- and the company was to provide working kit after the payment. The complainant found it a good opportunity, therefore, on 6.6.2017 he made online payment by using his Paytm account.  After sometime the complainant was shocked to see an email from OP-2 requesting for deposit of Rs.7,200/- more as fee of working kit which was never mentioned on the website. It was also stated that if the complainant failed to make further payment, he would not qualify for getting their service and home basis job.  The complainant accordingly sought refund of Rs.2,500/-, but, the OPs failed to do so. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, the complainant has filed the instant complaint.
2.         OP-1 did not appear despite due service.  Hence, it was proceeded ex-parte vide order dated 3.8.2017.
3.         OP-2 did not appear despite due service.  Hence, it was proceeded ex-parte vide order dated 22.9.2017.
4.         The complainant led evidence in support of his contentions. 
5.         We have gone through the record.
6.         It is evident from the email dated 6.6.2017 (page 13 of the paperbook) that the OPs gave details of part time SMS job to the complainant as per which he had to send 80-100 SMSs per day and the salary was settled at Rs.20,000/- per month. For the aforesaid purpose, the complainant, as per the requirement of the OPs as mentioned at page 8, deposited an amount of Rs.2,500/- through Paytm which is evident from page 10 of the paperbook.  Annexure C-3 (at page 11) is another email dated 6.6.2017 of the OPs to the complainant that he has to make further payment of Rs.7,200/- in the given account number. 
7.         The sole grouse of the complainant is that he was never apprised earlier to pay the further amount, as asked by the OPs, and also despite deposit of Rs.2,500/-, no job offer was made to him and thereafter no attention was paid to his request for the refund of the amount of Rs.2,500/-. 
8.         OPs did not appear to contest the claim of the complainant and preferred to proceed against ex-parte.  This act of the OPs draws an adverse inference against them.  The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant.  Therefore, the assertions of the complainant go unrebutted and uncontroverted. 
9.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. The OPs are directed as under:-

1. To immediately refund the amount of Rs.2,500/- to the complainant.
2. To pay Rs.2,000/- to the complainant as compensation for mental agony and harassment caused to him;
3. To pay to the complainant Rs.2,000/- as costs of litigation.

10.         This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-	Sd/-
02/11/2017	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member