CC No. 664/2017 Page 2 of 5
arrange posting of the premium advertisement on the website which amounted to breach of contract and few days later, OP-2 &OP-3 upon detail enquiry, disclosed that they do not have any buyer for the given machine and any prospective buyer will come only his free will after seeing the advertisement and they do not contact and persuade anyone to buy and the revelation was absolutely contradictory to the previous statement given in the first interaction and the whole purpose of buying the advertisement package by the complainant was defeated and only because of OP’s self declared proficiency in selling machines and commitment to sell the particular machine of the complainant and the complainant purchased the premium package from OP. The complainant further alleged that the complainant finally asked OP-2 &OP-3 to cancel his order and refund the amount deposited by the complainant as advance money but OP-2 &OP-3 straight forwardly refused to refund the money and asked the complainant to try out whatever he can do. The complainant further alleged that there is an unfair trade practice and deficiency in service on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the amount of Rs.3,200/- alongwith interest @ 18 % p.a. as well as compensation of Rs.50,000/- for causing him mental agony and harassment and has also prayed for litigation cost of Rs.25,000/-.
CC No. 664/2017 Page 3 of 5
3. Notice to OPs were issued through speed post for appearance on 27.11.2017 and notice to OP-1 & OP-3has bene delivered on 23.08.2017 and notice to OP-2 was delivered on 24.08.2017 as per certificate of service issued by the Sub-Post Master, Badarpur Post Office, New Delhi but none for OPs appeared on 27.11.2017 & 12.02.2018 and as such OPs have been proceeded ex-parte vide order dated 12.02.2018.
4. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of his voter I-Card, copy of receipt for a sum of Rs.3,200/- dated 12.07.2017 which was deposited by the complainant in the bank account no. 182005000111 of OP-1 i.e. Quikr India Pvt. Ltd. and copy of tax invoice no. LF/222528/2017-2018 dated 14.072017 issued by OP-1.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of thecomplainant. Moreover,it appears that even after receiving notice of this case from this forum, OPs have kept mum and have not bothered to answer the case of the complainant. It seems that OPs have no case at all in its favour. Accordingly, OPs are held guilty of unfair trade practice and deficiency in service.
CC No. 664/2017 Page 4 of 5
6. Accordingly, the OPs jointly or severally are directed as under:
i) To refund to the complainant an amount of Rs.3,200/- which was deposited by the complainant in the bank account of OP-1.
ii) To pay to the complainant an amount of Rs.2,000/- as compensation for causing mental agony and harassment.
iii) To pay to the complainant an amount of Rs.1,000/- towards cost of litigation.
7. The above amount shall be paid by the OPs jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OPs fail to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 1stday of April, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
