BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

14^th DAY OF JANUARY 2016

O R D E R

SMT. P.K SHANTHA, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to direct the OP to refund the FD amount of Rs.44,380/- along with interest on the deposit amount @ 18% p.a from the date of deposit till the date of realization also to pay damages of Rs.15,000/- towards mental agony and Rs.10,000/- towards cost of the proceedings.

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

The complainant is a partner of M S H & Associates.  The OP is a Sulekha.com New Media Pvt. Ltd., represented by its relationship Manager, Shabreen Taj & Anand Natarajan.  The representatives of the OP Company proposed to the complainant associate persons on various dates to take the services finalized by the complainant and OP with an option to refund the amount within 45 to 60 days if the complainant is not happy with the leads and a payment of Rs.25,000/- was paid by the complainant in the month of October 2014.  The complainant has raised complaints with regard to the quality of leads after several follow up for the same.  Thereafter the OPs new representative proposed to upgrade the package to MPM to get the converted business up to 80-90% for an additional payment of Rs19,380/- with an option to refund the money if the complainant is not happy with the service.  The complainant is neither happy with the quality of leads nor received any business (80 to 90% of the business conversion is promised) and also it is noticed by the complainant that the package is not upgraded to MPM as promised.  Several complaints have been raised by the complainant but not resolved by OP.

3. The complainant reported the above matter to the OP several times through e-mails but despite all complainant’s pleadings the OP has not made good the deficiency in services which is indeed regrettable and highly un-business like.  On account of OPs aforesaid dereliction of duty and failure to give the leads according to OPs commitment with the said complainant as per the document No.1 & 2 and neglect to rectify the same.  The OP did not repay the amount received and postponed the issue on one pretext or the other.  It is submitted that being fed up with attitude of the OP, the complainant through e-mail dated 14.08.2015 and at various other dates as well as over phone intimated the OP that aforesaid dereliction of duty and failure to give the leads according to OPs commitment with the above said complaint.

4. The complaint got issued a legal notice dated 15.09.2015 to the OP demanding the payment of Rs.44,380/- along with interest @ 18% p.a and legal charges of Rs.10,000/-.  The OP had failed to make payment of Rs.44,380/- along with interest and also legal charges.  Till today OP has not able to fulfill the commitment and it is done deliberately, mischievously and malafidely with an intention to cheat.  The complainant is put to great mental and physical agony and the same is because of the lethargic and negligent act of the OP.  It is further contended that the OP being a service oriented concern has not acted prudently in servicing their clients instead the OP has unnecessarily troubled to the complainant being not able to fulfill the commitment, which cannot be compensated by adequate sum of money.  The OP is negligent in discharging their duties towards the customer.

5. The above said conduct of OP amounts to deficiency in service, dishonest intention and unfair trade practice.  Hence, complainant felt deficiency in service on the part of the OP. 

For the aforesaid reasons, complainant prays for allowing the complaint.

6. Despite service of notice, the OP failed to appear and was placed ex-parte.  Thereafter the complainant filed affidavit by way of evidence.

7. Perused the allegations made in the complaint, sworn testimony of the complainant, copies of documents and other materials placed on record.

8. The representative of OP Company proposed to the complainant Associate Persons on various dates to take the services finalized by the complainant and OP with an option to refund the amount within 45 to 60 days if the complainant is not happy with the leads.  Believing the words of OP Rs.25,000/- was paid by the complainant in the month of October 2014.  The complainant was neither happy with the quality of leads nor received any business.  The complainant reported the above mater to the OP several times through e-mails but the OP did not repay the received amount & postponed the issue on one pretext or the other.  It clearly shows the deficiency of service on the part of OP.  Also they have failed to fulfill the commitment as per the document No.1 & 2.  This shows the negligence and malafide intention to cheat.  For the reasons stated above, we are of the opinion that the OP is liable to refund the money received and compensate the complainant.

  9. The OP did not appear and contest the claim put forth by the complaint.  We have no reason to disbelieve the allegations made in the complaint as well as sworn testimony of the complainant. 

10. The conduct of OP amounts to deficiency in service.  Therefore, the OP is liable to refund the amount of Rs.44,380/- along with the interest @ 18% p.a from the date of receipt i.e., October 2014 till the date of realization also damages of Rs.10,000/-

11. In the result, we proceed to pass the following:

         O R D E R

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is allowed in part.  The OP is directed to refund Rs.­­­­­­44,380/- to the complainant together with interest @ 18% p.a from the date of deposit till the date of realization.  Further OP is directed to pay damages of Rs.10,000/- towards mental agony together with litigation cost of Rs.3,000/-.

OP shall comply the order passed by this Forum within six weeks from today.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 14^th day of January 2015)

MEMBER                            MEMBER                     PRESIDENT

Vln* 

COMPLAINT No.1706/2015

Complainant                 -        M S H & Associates,

Bangalore – 560 005.

Represented by its partner

Shree Harsha.

                                          -vs-

Opposite Party              -        Sulekha.com New Media Pvt Ltd.,

Represented by its

Relationship Manager,

Bangalore – 560 001.

Witnesses examined on behalf of the complainant dated 18.12.2015.

1. Shreeharsha K.L

          OP  -      Absent

MEMBER                           MEMBER                      PRESIDENT

Vln*