BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

23^RD DAY OF DECEMBER 2015

O R D E R

SMT. M. YASHODHAMMA,   MEMBER

This is a complaint filed by the complainant under Section 12 of Consumer Protection Act, 1986 seeking direction against OP to refund the amount paid by the complainant along with compensation of Rs.10,000/- and  cost on the allegations of deficiency of service. 

2.      The brief averments made in the complaint are as follows:

On 24.07.14 complainant received a call from OP’s executive Mr.Surinder Sharma informing that they are dealing with product like mobiles, laptops etc., and asked complainant to make payment of Rs.6,999/- and Rs.24,998/-. Complainant was somehow convinced with their assurances and paid the amount to OP via online.  Thereafter OP neither supplied any product nor gave any kind of response.  Immediately complainant filed a complaint with the executive of OP.  They started giving him false assurances.  Having no other choice complainant called OP’s executive on 25.07.2014 calling upon OP to cancel the order and to refund amount paid. He asked the complainant’s account details for verification. Later on complainant came to know that OP has deducted a sum of Rs.14,999/-.  Complainant tried to communicate the OP but there was no response from their side neither there has been any hint nor any kind of an attempt to redress his grievances against the company that could justify their act of cruelty.  The act of OP in deceiving the complainant cannot under any circumstances to be over looked.  Complainant has to suffer from loss of time and money.  Hence, he put to undue hardship and mental frustration.  Since, OP refused to refund the amount due to the complainant.  Complainant tried to relieve the matter amicably by sending a letter to OP, but of no use.   OP refused to entertain the claim of the complainant. OP has indulged in unfair trade practice by fraudulently extracting complainant’s money.  Hence, complainant felt deficiency in service against OP and under circumstances he is advised to file this complaint against OP.

3. After registration of the complaint notice is issued to OP.  Inspite of service of notice as per the reply letter of postal department OP has failed to represent the case and remained absent.  Hence OP has been placed exparte and posted the case for filing affidavit of the complainant. 

4. So as to prove his case, Mr.Shankar Bhat who being the complainant has filed his affidavit evidence in support of his complaint averments stating that OP is in the business of online shopping he availed the services of OP.  On 24.07.2014 he received a call from the executive of OP Mr.Surinder Sharma stating about the lucrative deals and products including mobiles, laptop etc. He has asked the complainant to make payment of Rs.6,999/- and Rs.24,998/-.  Complainant was somehow convinced with their assurances and paid the said amount to OP via online.  The problems remains that till date neither the complainant received any product nor any kind of response from OP.  Left with no other choice he called the executive of OP on 25.07.2014 asking him to cancel the order and to refund the amount to his account.  On Detail verification, later on he found that further a sum of Rs.14,999/- was deducted from his account.  He tried to communicate with OP for some time now, but there has been no response from their side. Neither there has been any kind of conduct to redress his grievances.  He is entitled for honest and undisputed service by the company and the act of OP deceiving him cannot under any circumstances be over looked nor it can be forgiven. Hence, he prayed to allow the complaint against OP and grant relief as prayed in the complaint.

5. The above said assertions of the complainant have remained unchallenged. OP has neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. Let us have a cursory glance at the documents produced by the complainant. Document No.1 is the copy of the citation.  Document No.2 is letter issued by OP stating transaction amount of Rs.6,999/- payment dated 24.07.2014 status is transaction successful.  Document No.3 is also letter of OP stating status of transaction as successful and transaction dated 24.07.2014 and transaction amount Rs.24,988-00.  Document No.4 is an extract of IDBI Bank account statement of the complainant at IDBI Bank showing three transactions of withdrawals from OP i.e., Rs.14,999/- was withdrawn on 25.07.2014, Rs.24,998-00 were withdrawn on 24.07.2014 and Rs.6,999/- on 24.07.2014.  Totally OP has withdrawn Rs.46,996/- from the account of the complainant.  Document No.5 is copy of the Driving Licence of the complainant.  Document No.6 is copy of the notice dated 03.09.2014 issued by the complainant calling upon the OP to refund the amount along with compensation of Rs.50,000/- within 15 days failing which he will approach the Consumer Forum for appropriate relief.  Document No.7 is the address and bank account details of the complainant.

7. On the perusal of oral and documentary evidence of the complainant it is made crystal clear that complainant attracted by the offer made by OP has placed an online order for purchase of mobile, laptop etc. and paid Rs.6,999/- Rs.24,998/- on 24.07.2014 and Rs.14,998/- on 25.07.2014 as per document No. 2 & 4.  Despite receipt of the said amount OP has not supplied any material to the complainant.  Hence, complainant issued notice dated 03.09.2014 as per document No.6 calling upon OP to refund Rs.50,000/- within 15 days failing which he will approach the consumer forum for appropriate relief.  There was no response from OP.  Hence this complaint.  OP having received Rs.46,996/- from the complainant neither supplied any goods nor refunded the amount to the complainant.  Inspite of notice there was no response from OP. OP has received the amount with an intention to deceive the complainant.  This act of OP amounts to unfair trade practice and deficiency in services on the part of OP.  We are satisfied that complainant proved deficiency in services against OP.  Under the circumstances OP is liable to refund Rs.46,996/- to the complainant along with interest at 9% per annum from 24.07.2014 to till the date of realisation within 30 days of date of this order failing which OP shall refund the said amount along with interest at 12% per annum from 24.07.2014 to till the date of realization along with litigation cost of Rs.3,000/- to the complainant.  In the result, we proceed to pass the following:

ORDER

1. The complaint of the complainant is allowed in part. 

2. OP is directed to refund Rs.46,996/- to the complainant along with interest at 9% p.a. from 24.07.2014 to till the date of realization within 30 days from the date of this order, failing which OP shall refund the said amount along with interest at 12% p.a. from 24.07.2014 to till the date of realisation.  Further OP is directed to pay litigation cost of Rs.3,000/- to the complainant.

3. Supply free copy of the order to both the parties.

 (Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 23^rd day of December 2015)

MEMBER                           MEMBER                         PRESIDENT

NRS* 

COMPLAINT NO.1701/2014

Complainant                  _        Shankar Bhat

-vs-

Opposite Party               _        The Managing Director,

                                               Sand Shopping HUB,

Witnesses examined on behalf of the complainant dated 06.05.2015

1)   Mr.Shankar Bhat

Witnesses examined on behalf of the OP – Absent

List of documents produced by the OP – Nil

MEMBER                               MEMBER                              PRESIDENT

NRS*