BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SHRI. P. SUDHIR                                :         PRESIDENT

SMT. SATHI. R                                   :         MEMBER

SMT. LIJU B. NAIR                            :         MEMBER

                                              C.C.No: 223/2015     Filed on 25/5/2015

                                            Dated: 28..04..2017

Complainant:

Rajesh Rajendran, T.C.42/498, Saketh, MRA-21A, Manacaud, Mukkolackal Temple, Vallakkadavu-P.O., Thiruvananthapuram.

                    (By Adv. V.C. Anil Kumar)

Opposite parties:

1. The Managing Director, Spankbrand ‘Store 1800’, Customer Support Office, S3, Ground Floor, Spanish Garden, RG Baruah Road, Opposite Assam State Zoo, Ambika Giri Nagar, Guwahati, State of Assam.

2. The I.C.I.C.I Bank Ltd., B-21, opp. V3S Mall, Ground Floor, Maharana Banquet, Laxmi Nagar, Delhi – 110 092.

                    (By Adv. R. Suja Madhav)

This C.C having been heard on 23..01..2017, the Forum on 28..04..2017  delivered the following:

ORDER

SMT. R. SATHI, MEMBER:

          The case of the complainant is that on 31/3/2015 through online he placed an order for purchasing a Sony LED TV, Model No: KDL-55 w950B worth Rs. 1,06,500/- to the 1^st opposite party vide order No. SN17071512 and also placed order for a Sony Bravia KDL TV, model No.42W900 B worth Rs. 57,600/- vide order No.S746486 for installing at his residence. On 31/3/2015 the complainant paid Rs. 1,06,500/- to the 1^st opposite party through his HDFC, Karamana Branch A/c No. 501000000811774 to the 2^nd opposite party, where the 1^st opposite party is having bank account vide A/c No. 083105000995, Spank Brand Store. Thereafter on 4/4/2015, the complainant also remitted Rs. 57,600/- to the 1^st opposite party’s bank account vide reference No. 94150063409161. The 1^st opposite party on the very same day withdraw the amount and guaranteed o deliver the products within 48 hours. But on 8/4/2015, he received an e-mail reply from the 1^st opposite party that the products will be delivered only on 13/4/2015 else the company will return his 100% money as refund. On 13/4/2015 another e-mail reply was received from the 1^st opposite party that the product ordered by the complainant is found broken and they are ready to refund the price paid by the complainant. Again 14/4/2015 he received another e-mil reply that the amount will be refunded within 3 to 4 business weeks. But till now the complainant did not received any amount and it is understood that the 1^st opposite party is about to close their bank account maintained with the 2^nd opposite party. The act of opposite parties’ amount to deficiency in service. Hence the complainant approached this Forum for directing 1^st opposite party to refund the full price of the product, that is, Rs. 1,64,100/- along with interest @ 18% per annum from 31/3/2015 till realisation along with compensation of Rs. 1,00,000/- from 1^st opposite party and cost of Rs. 10,000/-.        

          2. Notice was ordered to opposite parties. The 1^st opposite party refused to accept notice and it was returned. The 2^nd opposite party accepted notice and filed version.

          The 2^nd opposite party filed version stating that there is no specific averment of any deficiency of service pleaded against this opposite party by the complainant. This opposite party has no knowledge about the financial transaction between 1^st opposite party and complainant. The 1^st opposite party is maintaining a current account in the Delhi-Laxmi Nagar Branch of the 2^nd opposite party bank as A/c No. 083105000995 in the name and style as Spank Branch. On 31/3/2015 an amount of Rs. 1,06,500/- and on 6/4/2015 another amount of Rs. 57,600/- was credited into the current account maintained by the 1^st opposite party through online transfer. The 2^nd opposite party had only credited the aforesaid amount to the account of the 1^st opposite party as a banker acting as per the instruction of the 1^st opposite party. On compliance of the order dated 28/5/2015 of this Forum in IA 159/2015 in C.C 223/2013, directing the 2^nd opposite party to attach Rs. 1,64,100/- in account No. 083105000995 maintained by 1^st opposite party. This 2^nd opposite party had acted upon and had compliance the order. Therefore there is no cause of action arose against the 2^nd opposite party and had no relief sought against this opposite party by the complainant. The complainant is not maintainable against this 2^nd opposite party and pleased to dismiss the petition with costs to 2^nd opposite party.     

          3. Complainant filed affidavit in lieu of chief and marked Exts. P1 to P6. The 2^nd opposite party has no evidence.

            Issues:

(i) Whether there is any deficiency of service and unfair trade practice on opposite parties’ side?

(ii) Whether the complainant is eligible for any reliefs as sought for?

          4. Issues (i) & (ii):   The case of the complainant is that on 31/3/2015 he placed online order for purchasing a sony LED TV model No. KDL 55W950 B for Rs. 1,06,500/- and Sony  Bravia KDL TV Model No. 42W900B for Rs. 57,600/-. The Exts. P1 & P2 are the confirmation letter issued by the 1^st opposite party. The complainant remitted Rs. 1,06,500/- and Rs. 57,600/- through HDFC, Karamana Branch to the 2^nd opposite party, when the 1^st opposite party is having bank account. The 2^nd opposite party in the version admitted this transaction also. The 1^st opposite party accepted the amount and the complainant received e-mail from 1^st opposite party that the products will be delivered only on 13/14/2015 else the company will return his 100% money as refund. The copy of e-mail correspondence dated 8/4/2015 is marked as Ext. P3. On 13/4/2015, the complainant received Ext. P4 another e-mail that the products ordered by him was found broken and are ready to refund the price of the product. Ext. P5 is another e-mail correspondence by the 1^st opposite party stating that the amount will be refunded within 3 to 4 business weeks. But the 1^st opposite party failed to refund the product price and hence the complainant approached this Forum for getting refund of the amount of Rs. 1,64,000/- along with compensation and cost. The complainant filed an attachment petition for attachment of the 1^st opposite party bank account maintained with the 2^nd opposite party for Rs. 1,64,100/- till the disposal of the complaint. The 2^nd opposite party stated that the 2^nd opposite party complied the order dated 28/5/2015 in IA 159/2015 in C.C 223/2015 of this Forum. On going through evidence and statements it is clear that the 1^st opposite party accepted money from the complainant and did not deliver the product nor refunded the amount. The Ext. P6 statement also shows the transaction. The 2^nd opposite party also stated that an amount of Rs. 1,06,500/- and Rs. 57,600/- were credited into the current account maintained by the 1^st opposite party through online transfer. The 1^st opposite party even refused to accept notice issued from this Forum and failed to come before this Forum for contesting their case. The documents produced by the complainant also show deficiency of service and unfair trade practice on 1^st opposite party. Therefore 1^st opposite party is directed to refund Rs. 1,64,100/- to the complainant along with compensation of Rs. 20,000/- and costs of Rs. 2000/-. As the amount of Rs. 1,64,100/- is being with the 2^nd  opposite party as per the attachment order of this Forum, 2^nd opposite party is directed to release that amount of Rs. 1,64,100/- to the  complainant from the account of 1^st opposite party.

          In the result, complaint is partly allowed by directing the 1^st opposite party to refund Rs. 1,64,100/- to the complainant along with compensation of Rs. 20,000/- and costs of Rs. 2000/-. As the amount of Rs. 1,64,100/- is being with the 2^nd opposite party as per the attachment order of this Forum, 2^nd opposite party is directed to release that amount of Rs. 1,64,100/- to the  complainant from the account of 1^st opposite party within one month from the date of receipt of this order, failing which 2^nd opposite party is directed to pay interest @ 12% for Rs. 1,64,100/- from the date of this order, till payment.     

 A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 28^th day of April, 2017.  

  Sd/- R. SATHI               :         MEMBER

  Sd/- P. SUDHIR            :         PRESIDENT

  Ad                          sd/-LIJU B. NAIR         :         MEMBER

C.C.No: 223/2015

APPENDIX

  I.  Complainant’s witness                   :         N I L

II.  Complainant’s documents:

P1      :   Copy of Pro-Forma Invoice No.S58689949 by 1^st opposite party along with payment confirmation letter

P2      :  Copy of Pro-Forma Invoice No.S5868997 by 1^st opposite party along with order confirmation letter.

P3      :  Copy of e-mail correspondence dated 8/4/2015 by 1^st opposite party

P4      :  Copy of e-mail correspondence dated 13/4/2015 by 1^st opposite party

P5      :  Copy of e-mail correspondence dated 14/4/2015 by 1^st opposite party

P6      :  Copy of bank statement of complainant issued by HDFC Bank, Karamana from 31/3/2015 to 4/4/2015.

III. Opposite parties’ witness               :         N I L

 IV. Opposite parties’ documents         :         N I L

Sd/-PRESIDENT

   Ad.