BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL
Present: Sri.Y.Reddappa Reddy, M.A., L.L.M., President,
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Thursday the 9th day of April, 2015
C.C.No.04/2015
Between:
Veeresh Lambade,
H.No.1-25 B,
Bharpet Street,
Adoni-518 301,
Kurnool District. …Complainant
-Vs-
The Managing Director,
Sands Info-system Private Limited,
Office No.302, 303,
Agarwal Complex,
S-524, School Block,
Shakarpur,
Delhi-110 092. …OPPOSITE PARTy
This complaint is coming on this day for orders in the presence of complainant for In-Person (Veeresh Lambade) and opposite party called absent and set exparte and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Smt. S.Nazeerunnisa, Lady Member,)
C.C. No.04/2015
1. This complaint is filed under section 11 and 12 of Consumer Protection Act, 1986 praying:-
- To direct the opposite party to apologize for all the inconvenience caused to the complainant.
- To direct the opposite party to refund the entire amount of Rs.11,998/- at the earliest.
- To direct the opposite party to pay a sum of Rs.10,000/- towards the mental agony suffered by the complainant.
And
- To direct the opposite party to pay a sum of Rs.1,000/- towards cost of this complaint.
- To any such orders and reliefs deemed fit and proper by this Honourable Forum in view of the facts and circumstances of this case.
2. The case of the complainant in brief run as follows:- The complainant is a resident of H.No.1-25 B, Bharpet Street, Adoni, Kurnool District. The opposite party is an online service provider with its head office in Shakarpur, Delhi. On 07.11.2014 the complainant had received a call from an executive of the opposite party and informed him that he is a lucky winner selected from a lucky draw and if he would pay a sum of Rs.6999/-, he would be given a Dell Laptop, Air cum Sofa Bed, Watch, Anti Radiant Mobile Chip and Holiday Voucher. The complainant was convinced by the assurances given by the executive of the opposite party and the complainant gave his credit card details and sent a sum of Rs.6,999/- it by credit card. On the very next day, the executive of opposite party again fraudulently deducted Rs.4,000/- on 09.11.2014, the complainant credited Rs.1,000/- to his account. The opposite party was debited Rs.999/ -within few days from his account. The complainant lodged a complaint against the executive to the Managing Director, of sand shopping Hub, Shkarpur, Delhi, there was no response from them. At last the complainant sent a letter through courier service to opposite party, but they did not respond. The opposite party adopted unfair trade practice towards the consumers and due to the negligent attitude of opposite party, the complainant suffered monetary loss and lot of mental agony. There is a deficiency of service on the part of opposite party. Hence this complaint.
3. Inspite of notices served on opposite party. The opposite party did not choose to either appear or file any written version on behalf of him. Hence opposite party has remained absent and set exparte.
4. In order to substantiate the case of complainant. The complainant filed Ex.A1 to Ex.A4 are marked and sworn affidavit of complainant is filed.
5. Written arguments not filed.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of opposite party?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii:- It is the case of the complainant that on 07.11.2014 he had received a call from the executive of opposite party and informed him that he is a lucky winner selected from a lucky draw and if he would pay a sum of Rs.6,999/- he can get a Dell Laptop, Air Cum Sofa Bed, Watch, Anti Radiant Mobil Chip and Holiday Voucher. The complainant believed the words of executive of opposite party and gave his credit card details and also sent a sum of Rs.6,999/- through credit card. On 09.11.2014, the opposite executive fraudulently without the notice of complainant deducted Rs.4,000/- from his account and Rs.999/- on 11.11.2014. The complainant produced his Bank account statement dated from 07.11.2014 to 11.11.2014, which is marked as Ex.A1. The copy of e-mail dated 25.11.2014, where in the correspondence made with opposite party. The complainant sent a letter through courier dated 18.11.2014 to the Managing Director of Sand Shopping Hub, Shakapur, Delhi, and asked for refund amount of Rs.11,998/- and compensation of Rs.20,000/- towards mental agony. The said letter is marked as Ex.A3. The Courier Receipt along with Aadhar Card is marked as Ex.A4. The opposite party neither gave any reply nor refund the amount to the complainant. To support his version the complainant cited a decision in Roni Sankar -Vs- C.V.Naukri Services Private Limited, Case No.2542/2013, Bangalore Urban District Consumer Forum. The facts of the cited case are applicable to the present case on hand. As seen from Ex.A1, it is very evident that the executive of opposite party deducted a sum of Rs.6,999/- on 07.11.2014 and Rs.4,000/- on 09.11.2014 and Rs.999/- on 11.11.2014 from the account of complainant. Though the complainant sent e-mail Ex.A2 and letter Ex.A3 to opposite party. The opposite party neither refund the amount nor has given any reply to the said letter. The contentions raised by the complainant are not denied by the opposite party by filing written version. Hence the case of the complainant is deemed to be admitted. The opposite party executive had fraudulently by false representation that he is a lucky winner, he can get Dell Laptop, Air cum Sofa Bed, Watch, Anti Radiant Mobile chip and Holiday Voucher for an amount of Rs.6,999/- and obtained his credit card details and deducted an amount of Rs.11,998/- from the account of complainant. Thus the opposite party cheated the complainant and had adopted unfair method to deceive the customers/complainant. Though the amount was deducted, opposite party did not provide services and sent the Laptop and other things as promised by him. We persued all the material placed on record we hold a view that the opposite party has failed to provide the services as required by the complainant. Hence it amounts to deficiency of service on the part of opposite party and the payments were made from Kurnool and this form has jurisdiction to entertain this complaint.
8. Point No.iii:- The complainant prayed to refund an amount of Rs.11,998/- and a sum of Rs.10,000/- for mental agony. We consider all the material available on record, facts and circumstances of the case and in the light above decision, we hold that the complainant is entitled for refund amount of Rs.11,998/- with 9% interest from the date of transaction i.e., 07.11.2014 till the date of payment and further entitled for compensation of Rs.10,000/- towards mental agony and Rs.1,000/- as a cost of the case.
9. In the result, the complaint is partly allowed directing the opposite party to refund a sum of Rs.11,998/- with interest at 9% per annum from the date of transaction i.e., 07.11.2014 till the date of realization and further direct to pay compensation of Rs.10,000/- towards mental agony and Rs.1,000/- as costs of the case. Time of compliance is one month from the date of receipt of this order.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 9th day of April, 2015.
Sd/- Sd/-
LADY MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite party: Nil
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of Bank State of Mr.Veeresh from 07.11.2014 to 11.11.2014.
Ex.A2 Photo copy of Reply by E-Mail dated 25.11.2014.
Ex.A3 Letter dated 18.11.2014 addressed by the complainant to opposite party.
Ex.A4 Photo copy of Courier Receipt along with Aadhar Card.
List of exhibits marked for the opposite party:- Nil
Sd/- Sd/-
LADY MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//
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