Per Shri Pradeep G. Kadu, Hon’ble President
This is a consumer complaint filed under Section 35 of Consumer Protection Act 2019 by the Complainant herein and the briefly stated facts of the case and contentions of the Complainant are as follows:
1) The Complainant Mr.N Ramkumar submitted that his wife had availed services of VLCC i.e, the Opposite Party herein, for which a sum of Rs.1,25,788/- was paid by credit card in March-2021. As communicated by VLCC, the interest on EMI which he had paid was to be reversed. However, when the same did not happen, he had brought this matter to the notice of VLCC in August-2021. The Complainant personally visited the Chembur centre of VLCC at Mumbai to request them for refund. However, the Opposite Party M/s VLCC denied to refund the interest amount on the said payments done through credit card. Instead, it was informed to him that services of equivalent value may be taken from VLCC.
2) As, Complainant’s wife was not interested in further services, he insisted for the refund of the amount. The Opposite Party did not agree with the request of the Complainant. The Complainant alleged that this is a deficiency in service on the part of Opposite Party against the Complainant’s wife, hence, he left with no choice but to file this complaint before this Commission for the relief.
Contentions of the Opposite Party
3) Looking to the facts of the matter, the case was registered on 3rd June, 2022 with this Commission and accordingly, got admitted on 8th August, 2022. Notices were issued to the Opposite Party which were duly served on 19th August, 2022. In spite of notices served appropriately no one on behalf of the Opposite Party remain present to represent the matter before this Commission. Hence, in the interest of justice, on 20th December, 2022, orders passed to continue the proceeding ex-parte against the Opposite Party.
Observations of the Facts and Conclusions
4) The Complainant Shri N Ramkumar appeared before this Commission to represent his matter. He filed bank statement and various e mail communications related to the correspondence with the Opposite Party. We have perused all the records available. On the basis of oral arguments and documents submitted before us, we have made following observations.
i) Complainant’s wife as per the charges indicated by VLCC, paid Rs.1,25,788/- to avail the services of VLCC. The payment was to be made in two instalments. The first payment of Rs.64,428/- was made with ICICI Bank credit card on 22nd March, 2021 and the next payment of Rs.61,360/- was made with the same credit card on 31st March, 2021.
ii) The Complainant states that the Opposite Party had promised to refund the amount of interest if the payments made through credit card instead of availing instalments.
iii) However, in support of this, there is no evidence is brought on record about the said agreement with VLCC. The Opposite Party was agreed to provide services of Rs.5,000/- in lieu of interest suffered by the Complainant while making payment in advance through credit card.
iv) We insisted on several occasions during the proceedings of the case to produce the evidence for the said agreement or terms mutually agreed between the Complainant and the Opposite Party. However, the Complainant could not produce any supporting evidence which can prove the alleged charges of deficiency in the said case against the Opposite Party.
5) Hence, in absence of sufficient evidence to prove the charge of deficiency in service on the part of Opposite Party, it would be unjustifiable to hold the Opposite Party guilty for the same. Considering the facts mentioned in the said case and on perusal of documents available on record, the present consumer complaint deserves to be dismissed for want of sufficient evidence. Hence, we pass the following order.
ORDER
1) Consumer Complaint No.CC/128/2022 stands dismissed.
2) No order at costs.
3) Certified copy of this order be sent to the parties free of cost.
