Haryana

Fatehabad

CC/260/2023

Anupam - Complainant(s)

Versus

Tradologie - Opp.Party(s)

A.K Sharma

01 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.

                                         Sh.Rajbir Singh, President.                                                      Dr.K.S.Nirania and Smt.Harisha Mehta, Members

 

                                                                    C.C.No.260 of 2023                                                                                  

  Date of Instt.: 18.10.2023.                                                                           Date of Decision: 01.05.2024

 

Anupam Goyal son of Sh.Harbhagwan Goyal resident of Anaj Mandi Fatehabad.

                                                                             ..Complainant

                              Versus

1.Tradologie, Superr E Factory Depot Pvt. Ltd. Plot No.B-0/A 6^th Floor, Tower B, Green Boulevard, Rasoolpur Nawada, Industrial Area, Sector 62, Noida Utter Pradesh 201309, through its directors.

                                                                             ..Opposite Party.

Complaint U/S 35 of the Consumer Protection Act

                   

Present:                 Sh.Arun Sharma Advocate for complainant.                                                          Op exparte vide order dated 04.12.2023.             

 

ORDER

Smt.Harisha Mehta, Member

1.                                 Brief facts of the present complaint are that the complainant in order to earn livelihood availed the services of the Op and bought access of its portal which was promised to be given for enabling him to do import/export witness; that the complainant had paid Rs.70800/- two EMI installments on 23.12.2021 under payment ID IariXyKWcD65pk each for the subscription of the portal for 12 months; that after the receiving the payment it was assured that the access of the portal would be given within 24 hours but it was never given to the complainant despite several requests; that the complainant tried to contact the Ops number of time but it always gave false and lame excuses and even failed to refund the deposited amount despite requests and serving of legal notice upon it; the act and conduct of the Op clearly amounts to deficiency in service on its part. The complainant in evidence, has tendered affidavit Ex.CW1/A with documents Annexure C1 to Annexure C4.

2.                          Op did not appear before this Commission despite service, therefore, it was proceeded against exparte vide order dated 04.12.2023.

3.                          We have heard learned counsel for the complainant and have gone through the case file carefully.

4.                          It is established on case file that complainant had paid Rs.70800/- to the Op as part payment for 12 months qua premium membership with special offer. The complainant in support of his complaint has placed on file duly sworn affidavit alongwith documents Annexure C1 to Annexure C4. Since the pleadings and contentions put-forth by learned counsel for the complainant remained unrebutted, therefore, we have hitch to believe the version set up by the complainant by of this complaint which is duly supported by documents.   

5.                           Keeping in view the above facts and circumstances of the case, we hereby allow the present complaint with a direction to the OP to refund Rs.70800/- to the complainant alongwith interest @ 7 % per annum from the date of filing of the complaint till its realisation. We further direct the Op to pay Rs.11,000/- in lump sum for mental agony, harassment and litigation expenses to the complainant. Compliance of this order be made within 45 days failing which the awarded amount would carry 12 % interest from the date of filing of the complaint till its realization. 

6.                          In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                                Dated: 01.05.2024

 

                                                                                                        

          (K.S.Nirania)                    (Harisha Mehta)                        (Rajbir Singh)                                  

Member                               Member                                               President