This complaint U/S 35 of C.P. Act, 2019 was initially filed against the Opposite Party (O.P.) The Authorized Signatory, Gautam Chowdhary, Digitech Services, Contact No.- +918902367515, Contact No.- +918902367515, (Stephen House), 56A, Hemanta Basu Sarani, HMP House, 6^th Floor, 4^th Fairlie Place, Kolkata- 700001 and as per Order No.-12, dated 05/01/2024 declared the O.P. ex-parte.

          The brief fact of the case of the complainant as per his complaint and Written Notes of Argument (W.N.A.) is as follows-

          The complainant approached the O.P. for Aadhaar Centre and PNB CSP services from   him on November and paid Rs. 49,750/- (Rupees Forty Seven Thousand Seven Hundred and Fifty) only and this payment was made by the complainant through online and these online transaction was made in 04 (four) parts which are (i) 05^th November, 2022 at 12:12 PM money sent using UPI VPA: gautamchoudhary199-1@okhdfcbank, Transaction ID: S85135210, Reference No.- 230921578854- Rs. 20,500/- (Rupees Twenty Thousand and Five Hundred) only, (ii) 05^th November, 2022 at 12:32 PM money sent using UPI VPA: gautamchoudhary199-1@okhdfcbank, Transaction ID: S85623310, Reference No.- 230922977924- Rs. 3,250/- (Rupees Three Thousand Two Hundred and Fifty) only, (iii) 11^th November, 2022 at 01:46:31 PM money sent using UPI/231526145807/ GAUTAM KUMAR from A/C No. 1219104000014401, Customer ID: 78978195, Account Branch: Sf Road, Siliguri, Darjeeling (Sol-2091)- Rs. 20,000/- (Rupees Twenty Thousand) only, (iv) 18^th November, 2022  To TRANSFERUPI/DR/232221913271/GAUTAM M K/HDFC/gautamchou/NATRANSFER TO 4897678162092 Rs. 6,000/- (Rupees Six Thousand) only from A/C Name: Mr. Nandu Kumar Sahani, A/C/ No.: 00000035343318548, A/C Description: REGULAR SB CHQ- individuals Branch: NEW JALPAIGURI. But despite of paying the full amount complainant did not get the Aadhaar Centre and PNB CSP service from the O.P. The complainant contacted several times through phone and email for the service but did not get any result from the O.P. company. The O.P. deprived the complainant to which he had faced harassment and mental agony due to the deficiency of service on the part of the O.P.         

The prayers of complainant are as follows : 

1. Direct the O.P. to duly look into this matter which foremost importance to take necessary steps to render the proper service to with refund Rs. 49,750/- (Rupees Forty Seven Thousand Seven Hundred and Fifty) only to the complainant. 
2. Direct the O.P. to provide Rs. 70,000/- (Rupees Seventy Thousand) only as compensation to the complainant for the deficiency in service and mental harassment and agony.
3. Direct the O.P. to pay litigation cost of Rs.10,000/- (Ten Thousand) only.
4. The total claim amount is Rs. 1,29,750/- (Rupees One Lakh Twenty Nine Thousand Seven Hundred and Fifty) only.

List of Documents filed by the complainant:

1. Copy of Advocate’s Notice, dated 27/04/2023.
2. Copy of letter to the Online Legal India.
3. Copy of Postal Track Report.
4. Copy of advertisement of Digitech Services.
5. Copy of Money Receipts.
6. Copy of Distributor KYC.
7. Copy of Aadhaar Card of the complainant.    

Regarding this instant case, The Authorized Signatory, Gautam Chowdhary, Digitech Services, Contact No.- +918902367515, Contact No.- +918902367515, (Stephen House), 56A, Hemanta Basu Sarani, HMP House, 6^th Floor, 4^th Fairlie Place, Kolkata- 700001 and as per Order No.-12, dated 05/01/2024 declared the O.P. ex-parte.   

 Having heard, the Ld. Advocate of the complainant and on perusal of the Complaint and documents filed by the complainant the following points are taken to be decided by this Commission.

Points for consideration

1) Whether the complainant is a consumer?

2) Whether the case is maintainable under the CP act 2019?

3) Whether this Commission has its jurisdiction to decide this case? 

4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?

5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?         

Decision with reason:-

          All the points are taken up together for consideration and decision.

Seen and perused the complaint petition filed by the complainant which is supported by the affidavit, documents filed by the party. We are also heard arguments the complainant in full length.

The complainant resides in Jalpaiguri district. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act 2019 and also there is no doubt that this Commission has its territorial jurisdiction to decide this case.

At the time of argument Ld. Advocate of the Complainant submits that the Complainant has been able to prove its case against the O.P.s not only through his Written Deposition but also by producing documents.

As per evidence of the complainant it is very much clear that complainant approached the O.P. for Aadhaar Centre and PNB CSP services from     him on November and paid Rs. 49,750/- (Rupees Forty Seven Thousand Seven Hundred and Fifty) only and this payment was made by the complainant through online and these online transaction was made in 04 (four) parts which are (i) 05^th November, 2022 at 12:12 PM money sent using UPI VPA: gautamchoudhary199-1@okhdfcbank, Transaction ID: S85135210, Reference No.- 230921578854- Rs. 20,500/- (Rupees Twenty Thousand and Five Hundred) only, (ii) 05^th November, 2022 at 12:32 PM money sent using UPI VPA: gautamchoudhary199-1@okhdfcbank, Transaction ID: S85623310, Reference No.- 230922977924- Rs. 3,250/- (Rupees Three Thousand Two Hundred and Fifty) only, (iii) 11^th November, 2022 at 01:46:31 PM money sent using UPI/231526145807/ GAUTAM KUMAR from A/C No. 1219104000014401, Customer ID: 78978195, Account Branch: Sf Road, Siliguri, Darjeeling (Sol-2091)- Rs. 20,000/- (Rupees Twenty Thousand) only, (iv) 18^th November, 2022  To TRANSFERUPI/DR/232221913271/GAUTAM M K/HDFC/gautamchou/NATRANSFER TO 4897678162092 Rs. 6,000/- (Rupees Six Thousand) only from A/C Name: Mr. Nandu Kumar Sahani, A/C/ No.: 00000035343318548, A/C Description: REGULAR SB CHQ- individuals Branch: NEW JALPAIGURI. But despite of paying the full amount complainant did not get the Aadhaar Centre and PNB CSP service from the O.P.

In his complaint, the complainant submitted that he contacted several times through phone and email for the service but did not get any result from the O.P. company but to establish his submission no such evidence or document was filed by the complainant.

Regarding this instant case, the O.P. did not file any document in support of his defense before this Commission and as per Order No.- Order No.-12, dated 05/01/2024 of this Commission declared the O.P. ex-parte.

In this case, it is fact that the complainant paid a total sum of Rs. Rs. 49,750/- (Rupees Forty Seven Thousand Seven Hundred and Fifty) only to the O.P. but no such Contract or Agreement between the parties was filed by him and without any Contract or Agreement it is not possible for the Commission to understand on what basis and purpose the complainant made the said payment to the O.P.

In this instant case, the complainant sent a letter to the Online Legal India where he categorically stated that he paid Rs. 49,750/- (Rupees Forty Seven Thousand Seven Hundred and Fifty) only to the O.P. for Aadhaar Centre and PNB CSP services. CSP stands for Customer Service Point which is also known as Bank Mitra through which one can get a fixed salary irrespective of the bank and also get ample commission. Aadhaar Centre is also an agency through which one can earn profit by getting commission.

In view of above discussion and other materials on record we are of the view that the complainant paid the said amount to get the Aadhaar Centre and PNB CSP services from the O.P. through which is a profit making business.   

So, as per the above discussion this Commission has no doubt that the complainant paid the said amount to the O.P. to start/ run a profit making business and the complainant is not a consumer in this case. Hence the case is dismissed on merit. 

Hence, it is,

ORDERED

That the Consumer Case No. 44/2023 be and same is dismissed in ex-parte against the O.P. (The Authorized Signatory, Gautam Chowdhary, Digitech Services) on merit without cost.  

Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.