y Smt. PREETHI SIVARAMAN.C, MEMBER
1.Complaint in short is as follows:-
Complainant happened to see the advertisement given by opposite party in
online OLX on September 2021 regarding the appointment of delivery agent of the opposite party in Malappuram district for distributing their stocks. The terms and conditions are also explained in the online advertisement and the phone number of opposite party also provided in the advertisement by the opposite party. Complainant contacted opposite party and enquired the formalities and opposite party explained the system of business and instructed the complainant to deposit an amount of Rs.25,000/- towards the security of the products which will be delivered by opposite party’s firm to various customers in complainant’s premises.
2. As per the norms, complainant's duty is to collect the goods for delivery and provide a stock point like a courier firm and to deliver the goods to the opposite party’s consumer within proper time. By believing the words of opposite party, complainant arranged a stock point at Marancheri near Ponnani. Thereafter on 25/10/2021, complainant send DD for Rs.25,000/- to opposite party as per the direction of opposite party. The security amount was successfully credited to opposite party’s account at IDBI Bank limited account No.000110202000061782, RATLAM KOTHI Branch Indore, Madhya Pradesh. Thereafter opposite party informed the complainant that the security amount was received by the company and the goods for delivery will be sent to the complainant immediately.
3. But the opposite party deliberately withdrawn from the promise and no goods were send to the complainant till this date for delivery. Moreover complainant arranged two delivery boys and two wheelers for the prompt distribution of the goods. Later complainant contacted the opposite party several times and every time the opposite party assured about the despatch of the stock. Later opposite party continuously abstain from attending the phone calls of the complainant. In the meantime opposite party delivered some packets of costly Ayurvedic medicines in the name of complainant which are not requested by the complainant. Complainant is cheated by the opposite party by way of this fraud advertisement and complainant has lost Rs.25,000/- the security amount he had already deposited and the expenses incurred for arranging the stock point, delivery boys and two wheelers. It is a clear deficiency in service from the side of opposite party. The act of opposite party caused mental agony and hardships to complainant. Hence this complaint.
4. Prayer of the complainant is that he is entitled to get Rs. 25,000/- the amount he had already deposited as security amount, Rs. 50,000/- as compensation for arranging for stock point, delivery boys and two-wheelers, Rs.75,000/- as compensation for mental agony and hardship suffered by the complainant due to the fraudulent act of opposite party and Rs. 15,000/- as the cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite party but no notice received by him. Thereafter notice sent through email. But no reply received. Then complainant filed IA 813/2022 to publish notice against opposite party in news paper. On 15/02/2023 complainant produced the relevant newspaper publication. Hence opposite party set exparte.
6. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 and A2. Ext. A1 is the copy of remittance slip given by Indian Overseas Bank to complainant on 25/10/2021 stating the details. Ext.A2 is the copy of business proposal issued by opposite party to complainant.
7. The allegations against opposite party is proved by the unchallenged evidence
of complainant. There is no contra evidence in this matter. Moreover complainant produced two documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
8. Hence we allow this complaint as follows:-
The opposite party is directed to refund Rs.25,000/- (Rupees Twenty five thousand only) to complainant, the amount already paid by the complainant to opposite party.
The opposite party is also directed to pay compensation of Rs. 25,000/-(Rupees Twenty five thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
The opposite party is also directed to pay Rs.2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 20th day of March , 2023.
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1and A2
Ext.A1 : Copy of remittance slip given by Indian Overseas Bank to complainant on
25/10/2021 stating the details.
Ext.A2 : Copy of business proposal issued by opposite party to complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
CPR
