BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 50 of 2014
Wazid Reja Osmani
S/o Lt. A.F. Golam Osmani
Wajid Manzil, Water Works Road,
P.O.& P.S- Silchar………….. ………………………………………………… Complainant.
-V/S-
- Future Retail Ltd., Home Office, Mumbai- 400083…………………………………………………………………O.P No. 1
- Future Retail Ltd., 03-097,4th Floor,
Block No. BG, Plot No.5, Action Area-1B
Block By Block Shoppin Gmall, Kolkata-700156………………….O.P No. 2
3. Store Manager, Big Bazaar
Goldighi Comercial Complex,Silchar-788001 …………………. O.P No. 3.
4. Pay Back India, Loyality Solutions & Research Pvt. Ltd.,
Ground & 1st Floor, Plot No.34, Sector-44,
Industrial Area, Gurgoan, Harayana-122003 …………………. O.P No.4.
5. First Flight Courier Ltd.,
G-1001/02. 10th Floor, Lotus Corporate Park
Opp. Joy Coach Flyover, Western Express Highway
Goregaon (e) Mumbai-400063 ………………………………………… O.P No.5.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Sri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Mr. Wazid Reja Osmani . self
Mrs. S. Sultana, Advocate for the O.P NO.1 to 3
Mr. B.K. Purkayastha, Advocate for the O.P No.4.
None for O.P No.5.
Date of Evidence 27-03-2015, 05-05-2015
Date of written argument 09-07-2015, 19-06-2017
Date of oral argument 19-08-17, 06-10-18,18-12-18, 30-01-19, 27-02-19
Date of judgment 12-03-2019
JUDGMENT AND ORDER
Sri Bishnu Debnath,
1. Wazid Reja Osmani brought this complaint against 5 (Five) juristic persons including Loyality Solutions & Research Pvt. Ltd. (Pay Back India) for award of compensation for mental agony due to deficiency of service etc. and for cost for proceeding including cost of correspondence.
2. He stated inter-alia as follows:-
The complainant was possessing a Pay Back Card having Pay Back Account No. 9401-1545-0560-7277 to avail reward points on purchase of articles from Pay Back Partners viz Big Bazzar Silchar. But unfortunately, in the month of July 2013 while the said Pay Back Card was carrying 400 reward points, it has been lost. Accordingly, on correspondence through Customer Support Service of Big Bazzar, a new Pay Back Card has been dispatched on 06-08-2013 but it was not reached to the complainant. Subsequently, on correspondence another Pay Back Card was dispatched to his addressed. The said Card was also not reached to him. Accordingly, on correspondents nothing improved. Hence, he brought the instant case.
3. The O.P No.1 to 2 are Future Retail Ltd. Mumbai and Kolkata respectively. The O.P No.3 is Store Manager, Big Bazzar, Silchar. The above O.P Nos. 1 to 3 in their joint W/S denied the allegation of their responsibility on the reasoning that the Pay Back Card was issued by Loyality Solutions & Research Pvt. Ltd. So, if any liability to the complainant, the aforesaid Loyality Solutions & Research Pvt. Ltd. may be liable solely they added in the W/S.
4. Anyhow, the Loyality Solutions & Research Pvt. Ltd is arrayed as O.P No.4 and First Flight Courier Ltd., Mumbai is O.P No.5. The O.P No.5 did not submit any W/S but O.P No.4 in its W/S stated inter-alia that the complainant is not a consumer and O.P No.4 is not service provider as per Consumer Protection Act 1986, so complainant is not entitled any relief. Of course, the O.P No.4 admitted a fact that the complainant obtained a Pay Back Card bearing A/C No. 9401-1545-0560-7277 and since on 28-07-2014 till on 10-08-2014 complainant earned total 117 points because said status has been detected while quoting the Mobile No. 9854517423 of the complainant which has been associated with the Pay Back Card No. 9401-1545-0560-7277. The O.P No.4 also stated that the content of Para No.2 of the complaint regarding earning of 400 points as on the date of losing the Pay Back Card are matter of record.
5. During the hearing the complainant submitted deposition and exhibited 7 (Seven) documents including Pay Back Card details, message regarding dispatching the new Pay Back Card etc. The O.P Nos.1 to 3 also submitted deposition of Arindam Bhattachrjya as DW-1. The O.P No.4 submitted deposition of Mr. Ramakant Khandelwal , the Chief Marketing Officer as DW-2. After closing evidence, the complainant submitted written argument including Addl. Written argument. The O.P Nos. 1 to 3 submitted their written argument as well as O.P No.4 submitted separate written argument.
6. I have also heard oral argument of the Ld. Advocate of the complainant and the Ld. Advocate of the O.P NO.4. Other O.Ps did not participate in the oral argument. In this case, it is unchallenged fact that the complainant lost his Pay Back Card in the month of July 2013 while the said card carrying 400 units. It is also unchallenged fact that the Pay Back Card A/C No. 9401-1545-0560-7277 was associated with Mobile No. 9854517423.
7. Thus, it can be concluded that the complainant unable to redeem the above 400 units at the time of purchasing item from Pay Back partners due to non-availability of his Pay Back Card. Of course, the complainant in his complaint stated that relevant SMS received regarding dispatching of new Pay Back Card but he did not receive the same. In that aspect, the O.P replied that matter is of 4 (Four) years old, for which unable to show the record of sending the Pay Back Card. But the complainant in his deposition never stated that new Pay Back Card was not dispatched. For which it is difficult to answer in detail. Anyhow, from the complaint and deposition of the complainant, I am not getting any material to disbelieve the genuinely of the alleged SMS regarding dispatching new Pay Back Card. Thus, in that note, it may be presumed that the O.P No.4 did not act in a negligent manner to re-issue a fresh Pay Back Card but the courier company i.e, O.P No.5 may be negligent for losing the same in transit.
8. However, the O.P No.4 stated that the complainant earned 117 points for the period from 28-07-2014 to 10-08-2017. Accordingly, submitted a statement on that behalf with detailed. The complainant did not agree rather stated that during the period since lost of his Pay Back Card he spent thousands of money at the place of O.Ps but due to absence of Pay Back Card he could not be able to accumulate reward points. But in that aspect he did not produce any voucher regarding purchasing of any item from Pay Back Partners. So, his plea above are not established beyond doubt.
9. Therefore, in this case if I take into considered the fact stated in Para 2 of the complaint that the complainant earned 400 points of the time of losing of his Pay Back Card, then it can be concluded without hesitation that his total accumulated reward points are 400 + 117= 517 points.
10. Therefore, the O.P No.4 is asked to give in to credit of the complainant Pay Back Account No. 9401-1545-0560-7277 associated with complainant Mobile No. 9854517423.total reward point not less than 517 and also deliver a plastic Pay Back Card having above particular within 30 days from today.
11. With the above, the O.P No.4 is further directed to send the plastic Pay Back Card of the complainant directly to the address of this District Forum and on receiving the same the complainant will collect it from the District Consumer Forum. Except the above relief no compensation is awarded for the reasoning stated above in the judgment.
12. With the above, the case is disposed of on contest. The parties are to bear their own cost of the proceeding. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 12th day of March,2019.
