DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 31^st day of October 2014 

Present:  Smt.Seena.H.  President

              Smt.Shiny.P.R. Member

              Smt.Suma.K.P. Member

                                                                          Date of filing :   18/08/2014

           CC No.112/2014

Arunkumar.P

Kausthubam,

Manalmantha,

Ambikapuram P.O.

Palakkad – 678 011                                         -                  Complainant

(By Party in Person)

        Vs 

The Managing Director,

Valuemart Gold & Jewels Limited

#1371, 1^st Floor,

Srinikethan

31^st B Cross, Jayanagar 4^th T Block

Bangalore – 560 041                                       -                  Opposite party

 O R D E R

Order by Smt.SUMA.K.P. MEMBER

The complainant had made an order for purchase and delivery of 20gm  Sachin Tendulkar Special Edition Silver Coin on 19/03/2014 (Order No.1518) at the Website Valuemartgold.com which ought to deliver the same by making a payment of Rs.2,799/- through complainant’s internet banking account of State bank of India vide A/c No.31815257962.  Complainant received an e mail confirmation instantly showing that his payment was successful. After waiting for a period of 45 days, neither the product was delivered nor any communication regarding the same was received. So the complainant contacted the company over telephone and spoke with their Director Mr.Prabhakaran Krishnan who told that there is a delay in the delivery of product to Kerala due to some restriction from commercial taxes department and inorder to clear the formalities he demanded the complainant to contact directly to the commercial taxes office and fulfill the necessary formalities. Since the complainant did not want to go through all those process, as a customer, he asked the opposite party whether he could cancel the order and get back money without any deduction. The opposite party promised to refund the full amount which the complainant had already paid and asked him to send an e mail requesting cancellation of the order. Complainant sent an e mail requesting cancellation of order and refund of prepaid amount of Rs.2799/- on 5/5/2014. The same was acknowledged by the company through e mail and promised to refund the full amount within a period of 7 -  10 working days by issuing a refund cheque. Complainant did not receive the refund within the time period, opposite party has mentioned in the cancellation acknowledgement e mail. In this connection the complainant contacted company Director Mr.Prabhakaran Krishnan through their official e mail ID complaining the non receipt of refund cheque.  A flimsy reply was received from his side to despatch the refund of cheque by 10/06/2014 which was even breached twice quoting date of refund by 22/06/2014 and 3/7/2014 in different replies dated 13/6/2014, 24/06/2014 respectively.  Complainant submits that such a long delay had created serious mental agony and insult which was not even positively addressed by the opposite party till date.  The mental agony was even aggravated by the irreverent, irresponsible and aloof  reply from Mr.Prabhakaran Krishnan, Director of Valuemart India Ltd. During the last conversation the so called reputed firm (opposite party) informed the complainant that because of some financial constrains the refund may be delayed indefinitely for which complainant had to wait a long time. The complainant further submits that he had made the order for the product so as to gift it to his brother on his birthday. The opposite party has taken a toll on my plans by not fulfilling the duty of delivering the product. This has caused severe mental stress on the complainant hurting his emotions. The financial loss incurred to the complainant were even more when the complainant had to go to an internet centre for sending e mails to the company every time since they were not giving proper response. In this connection the complainant had to make a lot of STD calls due to the severe reckless behavior of the company and his Director. In this regard he had to hear much worse  things from the Director   insulting the complainant as well as his employer.

Above all the mental stress, anxiety and agony which the complainant had suffered for the past 5 months for making an order with the company was severe and out of measurement. Hence complainant had approached before the Forum seeking a compensation of Rs.10,000/- for all the sufferings he had.

Notice was issued to the opposite party for appearance. Opposite party remained absent inspite of accepting notice  from the Forum. Hence they were called absent and set exparte.

Complainant filed chief affidavit alongwith documents to substantiate his case. Ext.A1 to A5 were marked from the side of the complainant.

Heard the complainant.

We perused documents produced before the Forum. It is obvious from

Ext.A1 that a copy of the order received from the opposite party company and from Ext.A2 it is evident that effective payment was made from the part of the complainant. From Ext.A4 it is revealed that complainant had made communication for the cancellation of the said order and requested for refund of the payment made.  Opposite party had also admitted that refund of the cheque will be made to the complainant within 7 to 10 working days. From the further communications it can be seen that complainant had not received the refund of the amount till date. Hence, complaint is allowed. Opposite party is directed to refund an amount of Rs.2799/- (Rupees Two thousand seven hundred and ninety nine only) as the price of the consignment alongwith Rs.2,000/- (Rupees Two thousand only) as compensation for the mental agony and financial loss suffered by the complainant. We also direct the opposite party to pay Rs.1,000/- (Rupees One thousand only) as cost towards this proceedings in addition to the above mentioned amount. The aforesaid amount shall be paid within one month from the date of receipt of communication of this order, failing which complainant is entitled to realize 9% interest per annum for the whole amount from the date of order, till realization.

Pronounced in the open court on this the 31^st   day of  October  2014. 

      Sd/-

  Seena H

  President   

      Sd/-

 Shiny.P.R.

  Member

      Sd/-

  Suma.K.P

  Member

APPENDIX

Exhibits marked on the on the  side of complainant

Ext.A1  - A copy of invoice of the order received from the website of the

              company (order No.1518)

Ext.A2           - A copy of the statement of my internet banking showing the payment

              made to the company

Ext.A3 – A copy of the acknowledgement e mail received on making  the

             payment on 19/03/2014.

Ext.A4 – A copy of all the communications done with the company through

             e mail.

Ext.A5 – A print out of the screenshot of my order status in the company

             website which shows the order is still  under processing.

Exhibits marked on the side of opposite party

Nil

Cost allowed

Rs.1000/- allowed as cost