Badal Kumar Kujur filed a consumer case on 07 Jul 2015 against THE MANAGING DIRECTOR Fsn E-commerce Ventures pvt.Ltd , in the Jharsuguda Consumer Court. The case no is CC/7/2015 and the judgment uploaded on 27 Dec 2017.
CONSUMER COMPLAINT CASE NO. 07 OF 2015
Badal Kumar Kujur,
R/O: Qr, No. C/8,Adarsh Nagar,
Brajrajnagar, PO: Orient Colliery,
Dist: Jharsuguda,Odisha…………………………………………….…………………Complainant.
Versus
FSN E-Commerce Venture Pvt. Ltd.,
104 Vasan Udyog Bhavan, Sun Mill compound,
Tulsi Pipe Road, Lower Parel,
Mumbai, Maharashtra- 400 013.
Sand Shopping Hub Pvt. Ltd.,
166A Agarwal Colony, Badarpur, New Delhi- 110 044.
Sand Infosystems Pvt. Ltd.,S-524, Office No. 312,313,
T/F Agarwal Complex, School Block,
Near TVS Motor Showroom, Shakarpur, Delhi- 110 092. ….............….…...Opp. Parties.
Counsel for the Parties:-
For the Complainant Self.
For the Opp. Party No.1 Shri A.K.Sharma, Adv. & Associates.
For the Opp. Party No.2 & 3 None (Ex-parte).
Date of Order: 07.07.2015
Present
1. Shri S.L.Behera, President
2. Shri S.K. Ojha, Sr. Member
Shri S. K. Ojha, Sr. Member: - The brief facts of the complainant’s case is that, the complainant ordered to purchase a deodorant body spray to the O.P.No.1 by making payment of Rs.400/- only through online mode of State bank of India on dtd. 15.10.2014. On dtd. 20.10.2014 the complainant received a phone call from O.P.No.2 on behalf of O.P.No.1 as a retailer that his order has been cancelled because of double transaction problem. The complainant on believing on him followed the instructions made by O.P.No.2, to be online and to go through a process which are necessary for refund of his amount . The complainant followed three steps through which money have been debited from his account i.e. Rs.11,998/-, Rs.31,998/- and Rs.15,000/- only respectively on dtd. 20.10.2014, 20.10.2014 and 24.10.2014 (in total Rs. 59,996/- only). The complainant called several times to the O.Ps. for refund of his extra amount but no result has come out, hence this case.
On receiving the notices the O.P.No.1 appeared through his counsel and submitted that he is an online retailer which buy goods and sells them to others via internet but denied to be having any relation with O.P.No.2 rather admitted that, the complainant have ordered which was not cancelled but the said deodorant spray was duly delivered on 08.11.2014 and with denying all the allegations of the complainant. The O.P.No.1 prays for dismissal of the case. The O.P.No.2 and 3 are stand ex-parte in this case
Heard the matter from the parties in length and perused the case record along with materials available. It is not disputed by the O.P.No.1 that the complainant has ordered for a deodorant spray by paying Rs.400/- only through online rather the O.P.No.1 has send the same which has been received by the complainant on dtd. 08.11.2014. The O.P.No.1 has no any relationship in any manner with the O.P.No.2 and O.P.No.3. The O.P.No.2 & 3 have misguided the complainant and by conducting fraudulent activities and have transferred money from the complainant’s account of Rs.59,996/- only. The complainant simply believing on the phone calls of O.P.No.2 & 3 assuming the retailer of O.P.No.1 has followed the instructions guided by the O.P.No.2 & 3 on internet. Instead of refunding of amount to the complainant the said amounts ( in total Rs.59,996/- only ) have been transferred from the complainant’s account to the account of O.P.No.2 & O.P.No.3 bearing accounts No.32622893240 which is in the name of “one 97- communications P” in the head of INB Sand Infosystems Pvt. Ltd.,.
The above mentioned facts and circumstances arrows towards commitment of cybercrimes as per the activities of O.P.No.2 and 3. Under the provisions of cybercrimes such types of fraudulent activities can be checked easily and the wrongdoers can be trapped accordingly.
However the complainant knocked the door of this Hon’ble Forum on the strength of having a “Consumer” of the O.Ps. This Hon’ble Forum has extended its hand upto the limit of the provisions of consumer law.
On the above observations and analysis the O.P.No.1 as he has properly sent the deodorant body spray to the complainant after receiving the cost price of Rs.400/- only, is not found to be deficient in his service in any way but the O.P.No.2 & 3 are found to be committing of unfair trade practice by receiving such a huge amount of Rs.59,996/- only from the complainant and not returned back to the complainant or have provided any articles against the said amount.
Hence, we are in considered opinion to allow the complaint petition directing the O.P.No.2 & 3 to refund Rs.59,996/- only to the complainant along with pay a sum of Rs.20,000/- only to the complainant towards harassment, mental agony including cost of this case within 30 days from the date of receipt of this order, failing which the O.P.No.2 and O.P.No.3 shall be liable for interest @ 10% per annum till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today the 07th day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.
I Agree.
S. L. Behera President S.K.Ojha, Sr.Member
Dictated and corrected by me
S.K.Ojha, Sr.Member
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