DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 766/2014
Date of Institution – 17/10/2014
Date of Order - 26/07/2016
In matter of
Dr Arpna Jain, adult
HN- 118, Haqikat Nagar
New Delhi-110009……………………………….…………………..………..…………….Complainant
Vs
M/s Upscale Consultancy Services Pvt Ltd
D-99, South Ganesh Nagar,
Delhi- 92………………………………………………….……………………………………..Respondent
Complainant’s Advocate—Sanjeev Kumar Shukla
Opponent— Ex Parte
Corum- Sh Sukhdev Singh- President
Dr P N Tiwari - Member
Mrs Harpreet Kaur- Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
Opponent approached complainant for web site design and provide one year free service in maintenance of web site if any problem occur. The complainant agreed and executed an agreement and paid amount Rs 13,500 drawn from her account in PNB Bank on 15/03/2013.
The web site worked for three months only and then did not function well after its installation, hence complainant called opponent to check and correct as per agreement. Opponent did not give any satisfactory reply nor corrected the defect occurring in web site.
Complainant served legal notice on 17/10/2014 which opponent did not reply. So filed this complaint along with annexures and claimed for un-irrupted web site working as per the terms and condition of the agreement and Rs one lakh for mental agony, pain and harassment with Rs 11,000/- as litigation charges.
Complaint was scrutinized and annexures were seen. Notice was served which opponent did not receive nor put their appearance or submitted written statement. Despite of being giving opportunity, case was proceeded Ex-parte.
Complainant submitted evidences on affidavit which are on record and are not controverted.
By taking merits of the case and evidences on affidavit, complaint is allowed and following order is passed.
Opponent is directed to provide un-interrupted web site services to complainant as per agreement within 30 days and shall give free services for one year from the date of working starts. If opponent fails to comply the order, will pay entire amount paid for developing web site with 9% interest from the date of filing of this complaint.
We also award compensation and litigation charges to a sum of Rs 3000/- for mental agony, pain and harassment caused to complainant due to his deficient services. This amount will be paid within 30 days from the receiving of order.
The copy of this order be sent to the parties as per rules and file be consigned to the record room.
(Dr) P N Tiwari - Member Mrs –Harpreet Kaur- Member
Shri Sukhdev Singh - President
