IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Friday the 4th day of March, 2022.
Filed on 06-10-2021
Present
- Sri.S.Santhosh Kumar BSc.,LL.B (President )
- Smt. C.K.Lekhamma, B.A, LLB (Member)
In
CC/No.237/2021
between
Complainant:- | Opposite Parties:- |
Sri.Ajith.A.Nair Ajith Bhavanam Chunakkaran Naduvil Chunakara.P.O | The Director, MSwipe Marathon Futurex 26th floor AWing, Mafatlal Mills Compund, N.M.Joshi Marg |
Alappuzha-690534 Lower Parel, Mumbai-13
(Exparte)
ORDER
C.K.LEKHAMMA(MEMBER)
1. Brief facts of the complainant’s case are as follows:-
Complainant is a machine account holder under the concern of the opposite party with the user ID No.9778148282 in the name of Thulasi A Nair vide contact No.7022163649. The opposite party is the cash swiping company which provides cash transaction. Using the swiping machine, as per the directions of the opposite party the complainant swiped and transacted an amount of Rs.97,000/- to his account in five transactions by using the user ID No.9778148282 under the name Thulasi A Nair. But the payment has been kept on hold, the complainant approached the opposite party concern to enquired about the same he was told that the same kept on hold is due to RED_TXN_WITH_PIN_Ask to attach the merchant invoice copy via opposite parties mobile application, that the complainant is unable to withdraw his amount without any reason. The complainant alleged that the said amount is freeze and on hold from them that to without any prior notice or information to the complainant. Further alleged that he had many times shared all the necessary and appropriate documents asked for the release/ activation of the same account but no progress is made till date. The complainant went for a withdrawal for the same through opposite party’s concern where it started creating errors and the opposite party told that it was a mere tenure hold on account which will be solved with some verifications but all in vain. The complainant contacted many times to the department of customer care of the opposite party through E-mails and in one of the replies to his E-mail on 11.5.2021 opposite party agreed that the payments stated above is on hold under the name Thulasi A Nair with complainant’s registered user ID. The complainant is a registered user with opposite party’s concern and opposite party have to take the responsibility to refund the said amount. The complainant alleged that the above mentioned dispute clearly stated that there was negligence on the side of opposite party and the said opposite party has committed an unfair trade practice. The opposite party have miserably failed in providing right and proper service despite the complainant has paid the full amount to the opposite party and thereby causing deficiency in service. Hence the complainant approached this Commission for seeking relief against the opposite party.
- To refund the amount deposited with opposite party with interest and cost of the proceedings.
2. The complainant appeared in person and he filed proof affidavit along with 2 documents Ext.A1 series and A2 were marked. Opposite party remained exparte. We have heard the complainant.
3. The points for consideration are as follows:-
1. Whether the complainant is entitled to get any relief from the opposite party?
- Reliefs and costs if any?
4. Point No.1
The case of the complainant is that he bought one swiping machine from the opposite party. Using the same he swiped and transact an amount of Rs.97000/-(Ninety seven thousand) in various transactions on 9.5.2021. Ext.A1 series documents showing on the very same day itself he made money transactions such as Rs.45000/, Rs.15000, Rs.25000/, Rs.10000/, Rs.2000/- were transferred to the same user ID.No.9778148282. The complainant enquired about the same through e-mails and they replied that the payment stated above is on hold, the copy of e-mails are produced as Ext.A2. The said amount still hold on and he is unable to utilize the amount. The opposite party have miserably failed in providing right and proper service despite the complainant has paid the full amount to the opposite party and thereby causing deficiency in service.
It appears that the complainant appeared in person and filed a proof affidavit along with the above documents to prove his part. But opposite party remained absent even after the receipt of notice from this commission. Opposite party has given sufficient opportunity to substantiate their part but they failed to do that. Therefore, the evidence of the complainant remained unchallenged, hence we are constrained to believe the evidence of the complainant and found that opposite party has committed deficiency in service since the complainant is unable to withdraw the above amount he deposited with the opposite party. Because of the above finding, we are of the opinion that complainant is entitled to get a refund of Rs.97000/-(Ninety seven thousand) from the opposite party and the complainant is also entitled to get the cost of the proceedings from the opposite party.
5. Point. No.2:-
In the result, we allowed the complaint in part and direct as follows:-
1. The opposite party is liable to refund Rs.97,000/- (Ninety seven thousand) with interest @8% per annum from the date of complaint till realization to the complainant.
2. The opposite party is also liable to pay Rs.2000/- (Two thousand) towards costs of the proceedings to the complainant.
The order shall be complied within one month from the date of receipt of the copy of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 04thday of March, 2022.
Sd/-Smt. C.K.Lekhamma (Member)
Sd/-Sri.S.Santhosh Kumar (President)
Appendix:-Evidence of the complainant:-
Ext.A1series - Printout of transaction copies.
Ext.A2 - copies of e-mail printouts.
Evidence of the opposite parties:-Nil
//True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Compared by:-
