BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.354 of 2022
Date of Instt. 23.09.2022
Date of Decision: 19.05.2023
Ashwani Gupta and Associates 1st Floor, Opposite Friends Cinema Jalandhar Pin Code-144001 Through partner Rupansh Gupta
..........Complainant
Versus
Sulekha.com New Media Pvt. Ltd. Second Floor, Campus 1A, No.143, RMZ Millennia Business Park, Dr. MGR Road, Kandanchavadi, Chennai, Tamil Nadu PIN Code: 60009 Through Managing Director.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Rupansh Gupta, Partner of Complainant’s Firm.
OP exparte.
Order
Jaswant Singh Dhillon (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant/Rupansh Gupta depends upon his firm, Ashwani Gupta and Associates for his livelihood. The complainant states that the complainant being loyal to the respondent concern, that the complainant's firm Ashwani Gupta and Associates and on behalf of the same is not satisfied by the provided services, that the complainant took lead generation package of Rs.5900/- from the respondent's website Sulekha.com, that the complainant was not provided any proper services and was not receiving any relevant leads from the beginning, that since then he was asking to assign him an account manager but he was prolonged and didn't do the same, that he did not even know how to handle his account as he wasn't given any proper guidance and even asking umpteen times for the refund he was still not given the mentioned amount. The Complainant states that it would be pertinent to add here that when Rs.5900/- package was closed, they simply assigned him an account manager and he told the complainant that he will get all his previous leads scrapped and asked to buy another package of Rs.11,800/- from Sulekha, that the complainant on trusting the respondent concern, followed the instructions and paid the said amount on the promise and assurance that all his previous leads will be scrapped and will take care of his new leads to be relevant from now on, that even after paying the money still he kept receiving all irrelevant leads which was wasting his time and he was facing huge loss, that the calls were from the respondent's end hired people just to waste leads and on approaching for the same, the account manager, Mr. Ankit kept telling him to wait and he will get all his leads scrapped but the leads never got scrapped, that Finally, he asked Mr. Ankit for refund and told him to send an email and he will get back the refund as he trusted him again he mailed as per his instructions, that he told the complainant to send mail to the company to get the refund the complainant also did that and then he received response from the company that they will not issue him the refund. The Complainant states that since then Mr. Ankit stopped responding which is simply inconsiderable, details for the respondent's reference are- CC Order no/Transaction ID- 793626; The respondent's Customer ID:1661238, that even after paying the amount as instructed he was neglected and the respondent concern were not bothered for the same, it would be pertinent to add here that even after paying the full amount the complainant wasn't responded, upon umpteen follow-up's, the respondent concern didn't respond properly for which there were no options left then to go for legal ways. The Complainant states that 18. Now in the most deliberate manner the respondent's concern is trying not to fulfill the respondent's duties and liabilities towards the said complainant, that the complainant has kept the transaction, screenshots, proofs of payment, along with all details as an evidence if the respondent concern want any further to verify, that the said complainant approached the respondent's concern for a proper response and explanation but the respondent's reply was most unfortunate and the respondent concern tried to bypass the respondent's liability, that it would be pertinent to add here that the complainant is facing much problems and cannot be led liable, that due to these incidents and undesirable conduct from the respondent's end the said complainant is going through huge mental agony and has become fully depressed, such harassment of the said complainant from the respondent's concern is now continuing in nature and without any permanent solution. The complainant states that being deprived of the proper and facilitated procurement he again and again intimated the respondent by way of the telephonic conversation and by way of electronic mail conversation in order to solve the said issue, however the executive of the respondents have acted like flogging of a dead horse in lieu of providing the proper services to the complainant and in lieu of providing the constructive reply to him till date. The complainant states that the above mentioned dispute clearly states that there was negligence on the OP and the said OP company is running an unfair trade practice in order to dupe the hard earned money of the complainant and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund Rs.17,800/-. Further, OP be directed to pay Rs.5,00,000/- for causing mental tension and harassment to the complainant and litigation expenses.
2. Notice of the complaint was given to the OP, but despite service none has appeared on behalf of the OP and ultimately OP was proceeded against exparte.
3. In order to prove the case of the complainant, the complainant himself tendered into evidence his own affidavit Ex.CA alongwith some documents Ex.C-1 to Ex.C-30.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. The case is that the complainant took lead generation package of Rs.5900/-, vide Ex.C-1 from the OP’s website Sulekha.com. But the complainant was not provided proper services and even he asked company to provide him an account manager for guidance, but was not provided. The complainant states that to his surprise when his package of Rs.5900/- closed, then they assigned him an account manager Mr. Ankit, who told complainant that if he buy another package of Rs.11,800/-, he will get new leads including all his previous scrapped leads also. Trusting on him, the complainant purchased another new package of Rs.11,800/- vide Ex.C-2, but even paying Rs.11,800/- he kept receiving all irrelevant leads which were wasting his time and he faces huge loss also. The account manager Mr. Ankit kept telling him to wait and he will get all his scrapped leads, but he never got scrapped leads, then the complainant asked for refund, then the account manager Mr. Ankit told to send email for refund when the complainant sent email, then again Mr. Ankit told to send email for refund to company directly. After sending these emails as instructed by Mr. Ankit, OP has not refunded his amount. The complainant requested to account manager and even to their executive head on electronic conversation as well as emails conversation, but they never refunded and even stopped respondent to his calls and lastly complainant has to come to Commission.
6. On the other hand, the OP has not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-30.
7. In view of the above detailed discussion, the complaint of the complainant is partly allowed and OP is directed to refund Rs.17,800/- to the complainant and further OP is directed to pay Rs.5000/- as compensation including litigation expenses for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Dr. Harveen Bhardwaj
19.05.2023 Member President
