Orissa

Balangir

CC/23/2017

Subhasis Hota - Complainant(s)

Versus

The Clues Network Pvt . Ltd. - Opp.Party(s)

20 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR
ODISHA
 
Complaint Case No. CC/23/2017
 
1. Subhasis Hota
At- barpalipada Po/ps- Bolangir
Bolangir
Odisha
...........Complainant(s)
Versus
1. The Clues Network Pvt . Ltd.
Building No.122, Sector44, gurgaon-122001 haryana
Haryana
Haryana
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Akashya Kumar Purohit PRESIDENT
 HON'BLE MRS. Suniti Rath MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 20 Nov 2017
Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR.

                                    …………………

Presents:-

  1. Sri A.K.Purohit, President.
  2. Smt. S.Rath, Member.

 

                       Dated, Bolangir the 27th day of November 2017.

 

                       C.C.No. 23 of 2017.

 

Subhasish Hota, age-34 years son of Rankanath Hota, Resident of Gopalpur,

P.O.Gopalpur, P.S.Banpur,Dist- Khurda, At present residing at Barpalipara,

Bolangir Town, P.O/P.S/Dist- Bolangir.

                                                                      ..               ..                    Complainant.

                         -Versus-

 

1.The Clues Network Pvt. Ltd.,Building No.122,Sector-44,

   Gurgaon-122001. Haryana.

 

2.The Branch Manager, State Bank of India, Baramunda Branch,

   At-Plot No.D, Hotel Crystal Complex, Near Ruchika Market,

   Barmunda, Bhubaneswar-751002.

                                                                       ..              ..                     Opp. Parties.

Advocate for the Complainant- None.

Adv.for the O.P.No.1              -None

Adv. for the O.P.No.2             -Sri P.K.Tripathy & Associates.

 

                                                                      Date of filing of the case – 15.05.2017

                                                                      Date of order                    - 27.11.2017

JUDGMENT.

Sri A.K.Purohit, President.

 

                 The case of the complainant is that, he had purchased a furniture Kraft sofa cum bed from the O.P.No.1 through online shopping for a consideration of Rs 16,459/- and since the complainant having a Net Banking facility with the OP.2, he had paid the consideration amount through Net Banking on dt.13.11.2016. Before delivery of the aforesaid sofa the complainant cancelled the same and hence the O.P.No.1 refunded the consideration amount of Rs 16,459/- on dt. 21.11.2016 which was credited to the net banking account of the complainant vide refund ID No.10518131. The complainant alleges that, although the amount of Rs 16,459/- has already been refunded by the O.P.No.1, the same has not been credited to his account by O.P.No.2.Hence the complaint.

 

2.               Although notice has been served through Regd. Post and through E-mail, the O.P.No.1 neither appeared nor proceeded with the hearing of the case and hence he was set exparte vide order dt.20.11.2017. The O.P.2 contested the case by filing his written version. In his written version the O.P.2 submitted that, the refund amount of Rs 4,689/- on dt.22.11.2016 and an amount of Rs 9,877/- has already been credited in the account of the complainant and the claim amount of Rs 16,4459/- by the complainant is a surprise to the O.P.2. The O.P.2 claims no deficiency in service on the part of the complainant.

 

3.              Heard both the parties. Perused the materials available on record. The O.P.2 admitted that, on the request of the complainant the consideration amount was debited from his account on dated 13.11.2016 through net banking. The O.P.2 has also admitted that, the refund of the amount from the shop clues an amount of Rs 4,689/- has been credited in the account of the complainant on dt.22.11.2016 and an amount of Rs 9.877/- has been credited on dt.23.11.2016.Therefore the complainant has established that he has placed order for purchase of a sofa from O.P.No.1 and paid the price by debiting the same from his account with O.P.2 through net banking and after cancellation of the order the price amount has been refunded to the said account.

 

4.            With these facts available on record it is seen from the E-mail dt.29.03.2017 of the O.P.1 addressed to the complainant that, an amount of Rs 16,459/- has already been refunded to the complainant’s account vide refund reference No.IXGAAQKC05 on dt.23.11.2016. On perusal of the account statement it is seen that an amount of Rs 9,877/- has been credited in the account of the complainant vide Ref.No.59142846952 IXGAAQKC05. But there is no evidence on record relating to the reference dt.22.11.2016 mentioned in the account statement. Therefore out of the refund amount of Rs 16,459/- the O.P.2 has credited only an amount of Rs 9,877/- in the account of the complainant. Therefore non-credited of the entire refunded amount in the account of the complainant amounts to deficiency in service on the part of the O.P.2. Hence the complainant is entitled to the balance amount.

 

                                              ORDER.

 

                The O.P.No.2 Bank is directed to credit the balance amount of Rs 6,582/- with interest @ 9% per annum from 23.11.2016 till payment in the account of the complainant along with Rs 1,000/- towards cost within one month from the date of receipt of this order.

 

                Accordingly the case is disposed off.

 

Order pronounced in open forum this the 27th day of November 2017.

 

 

                   

                            (S.Rath)                                 (A.K.Purohit)

                            MEMBER.                             PRESIDENT.

 
 
[HON'BLE MR. Akashya Kumar Purohit]
PRESIDENT
 
[HON'BLE MRS. Suniti Rath]
MEMBER

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