Sh.Anoop Sharma, Presiding Member.

1.       The complainant  has brought the instant complaint under section 12 and 13 of the Consumer Protection Act, 1986 on the allegations that the complainant was approached by the Opposite Party  telephonically in January, 2016 and sought the bank details of the complainant on the pretext of sending some educative material as the complainant is an eminent educationist and debited the account of complainant. The complainant is a known educationist and is presently a Dean Academic Affairs, Sri Guru Granth Sahib World University, Fatehgarh Sahib and he was approached by the Opposite Party  in January, 2016 to supply him the education material and sought his bank details which was provided, but the complainant was lateron shocked to found his account with State Bank of India was debited as detailed below and in return the complainant received one packet containing pair of Jeans and one invoice annexed with it from the Opposite Party. The bank account was debited as State Bank of India Account No.20003908124 i.e. Rs.8420/- on 15.1.2016, Rs.14,945.50 paisa on 21.1.2016 and Rs.14,945/- on 21.1.2016 total amounting to Rs.38,311/-. The Opposite Party  has taken away the amount of Rs.38,311/- from the account of the complainant on the pretext of supplying the education material, but instead supply one packet of jeans which was infact never ordered. The complainant made strong protest to the Opposite Party  telephonically and demanded the refund of his amount, but his calls are blocked by the Opposite Party. The aforesaid acts of the Opposite Party  in harassing the complainant and taking away the money from the account of the complainant without his permission and not supplying the educative material as promised is an act of deficiency in service, malpractice, Unfair Trade Practice and has caused lot of mental agony, harassment and inconvenience besides financial loss to the complainant.  The  complainant has prayed for the following reliefs  through the instant complaint.

a)       Opposite Party be directed to refund the amount of Rs.38,311/- alongwith interest @ 12% per annum from the date of debiting of his account till realization.

b)      Opposite Party  be directed to pay compensation of Rs.50,000/- to the complainant.

c)       Opposite Party  be directed to pay the  adequate cost of the litigation.

d)      Any other consequential relief to which the complainant is entitled to under the law, equity, justice and fairplay be also awarded.

Hence, this complaint.

2.       Upon notice, inspite of due service, none put in appearance on behalf of the Opposite Party   and as such, the Opposite Party  was ordered to be proceeded against exparte. 

3.       In his bid  to prove the case, complainant tendered  his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and also produced copies of invoice Ex.C2, copy of bank statement Ex.C3 and closed the exparte evidence.

4.       We have heard the ld.counsel for the complainant  and have carefully gone through the evidence on record.

5.       From the appraisal of the evidence on record, it becomes evident that the complainant was approached by the Opposite Party  telephonically in January, 2016 and sought the bank details of the complainant on the pretext of sending some educative material as the complainant is an eminent educationist and debited the account of complainant. The complainant is a known educationist and is presently a Dean Academic Affairs, Sri Guru Granth Sahib World University, Fatehgarh Sahib and he was approached by the Opposite Party  in January, 2016 to supply him the education material and sought his bank details which was provided, but the complainant was lateron shocked to found his account with State Bank of India was debited as detailed below and in return the complainant received one packet containing pair of Jeans and one invoice annexed with it from the Opposite Party. The bank account was debited as State Bank of India Account No.20003908124 i.e. Rs.8420/- on 15.1.2016, Rs.14,945.50 paisa on 21.1.2016 and Rs.14,945/- on 21.1.2016 total amounting to Rs.38,311/-, copy of bank statement accounts for Ex.C3. The Opposite Party  has taken away the amount of Rs.38,311/- from the account of the complainant on the pretext of supplying the education material, but instead supply one packet of jeans which was infact never ordered. The complainant made strong protest to the Opposite Party  telephonically and demanded the refund of his amount, but his calls are blocked by the Opposite Party. The aforesaid acts of the Opposite Party  in harassing the complainant and taking away the money from the account of the complainant without his permission and not supplying the educative material as promised is an act of deficiency in service, malpractice, Unfair Trade Practice and has caused lot of mental agony, harassment and inconvenience besides financial loss to the complainant. The evidence produced by the complainant has gone unrebutted on record as  the Opposite Party,  despite due service, did not opt to appear and contest the proceedings. In this way, the Opposite Party  has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party  has no defence to offer or defend the complaint. The complainant has sought for refund of amount of Rs.38,311/- besides compensation to the tune of Rs.50,000/-. In our considered view, the Opposite Party  is  liable to refund the amount of Rs.38,311/- to the complainant. But however, the claim for compensation to the tune of Rs.50,000/-  is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has  to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would  be fully met if the complainant is awarded compensation to the tune of Rs.5000/- and we award the same accordingly. Besides this, the complainant is also entitled to litigation expenses to the tune of Rs.2000/-. Opposite Party  is  granted one month time to comply with the order, failing which the awarded amount shall carry interest @ 6% per annum from the date of passing the order until full and final payment. The complaint stands allowed exparte accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

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