By. Smt. Renimol Mathew, Member:
Brief of the complaint:- The Complainant received a call from an executive of the 1st Opposite Party on 1st August 2014, who informed the Complainant that if the Complainant purchases an Aqua Water filter for an amount of Rs.4,999/- from the 1st Opposite Party, then the Complainant would also receive a laptop as a complimentary gift. That the Complainant was somehow convinced with the assurances and paid the amount of Rs.4,999/- via online vide transaction Id 3892381651GX5878740 to the Opposite Party. The complainant submits that after the payment was made, the complainant was told by the agent of the opposite party that the payment of Rs.4,000/- got failed and the complainant again made the payment. Again submits that in this way complainant paid a total amount of Rs.28,997/- to the opposite party. Even after paying such big amount the complainant had neither received aqua water filter nor the laptop, which is very disappointing. 1st opposite party encashed the amount of Rs.28,997/- from SB Account No.57068237349, SBT, Kalpetta, the account maintained by the complainant. Complainant alleges that the act of 1st opposite party is deficiency of service and filed this complaint.
2. On being served opposite party No.1 not appeared before the Forum hence set ex-parte on 16.04.2015. Opposite party No.2 appeared and version filed. In the version Opposite party No.2 stated that the complainant having SB account No.57068237349 is a depositor enjoying the facility of "internet banking". The complaint is relating to a series of transactions initiated by the depositor, the petitioner, transferring amounts to the credit of the first respondent, M/s. Sand Infosystems private Limited, Newdelhi, through the internet banking channel. The dispute is purpoted to be between the petitioner and the first respondent regarding non supply of Aqua Water Filter and the Free Laptop. The bank do not deal in goods and therefore we have no role in the above dispute and the complaint.
3. On perusal of complaint and version the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and cost.
4. Point No.1:- Complainant filed proof affidavit and examined as PW1. Ext.A1 document is marked. Ext.A1 is the Account statement. Opposite party No.2 not adduced evidence and heard the complainant. On perusal of Ext.A1 it is found that Rs.28,000/- had been transferred from complainant's SB Account No.570682237349 to Sands and info systems (0067217103538). As per the complainant, on payment of this huge amount he could not receive the promised water filter. The complainant could not prove the genuinity of the promises before the Forum but no evidence to the contrary. Hence we opine that complainant is entitled to get refund of the amount he had given to the 1st opposite party through internet banking. Opposite party No.2 have no role in this dispute. Point No.1 is found accordingly.
5. Point No.2:- Since the Point No.1 is found against the opposite party No.1, they are directed to return Rs.28,000/- with reasonable interest, cost and compensation.
In the result, the complaint is partly allowed and opposite party No.1 is directed to return Rs.28,000/- (Rupees Twenty Eight Thousand) with 10% interest from the date of order till payment. Opposite party No.1 also directed to pay Rs.10,000/- (Rupees Ten Thousand) as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings to the complainant. This Order must be complied by the opposite party No.1 within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 21st day of July 2015.
Date of Filing:23.02.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Premkumar. N. R.(Affidavit). Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Account Statement.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
