D.O.F:27/10/2023
D.O.O:09/04/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.343/2023
Dated this, the 9th day of April 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Abdul Latheef A,
Kudirappady House,
Patla, Patla PO, Kasaragod, 671124. : Complainant
And
DELHIVERY Bangalore,
Prestige Towers,
6th Floor, 99 &100,
Residency Rd, in front of Cash Pharmacy,
Shanthala Nagar, Ashok Nagar,
Bengaluru, Karnataka – 560025. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The complainant is alleging deficiency in service on the part of opposite party in connection with deduction of service charge without providing any service by DELHIVERY.COM Bangalore (major courier service agency) in connection with failure to bring a laptop from Delhi to Kasaragod on 7th April 2023. Brief facts of the case is that, the complainant had to bring his laptop from Delhi to Kasaragod as he was on medical emergency leave from Delhi University. The complainant logged into DELHIVERY.COM, the website of the major courier service agency Delhivery Limited using his mobile number 7510716327. The complainant entrusted the laptop to DELHIVERY for picking his laptop to home by paying the charge of Rs. 350/-. After filing addresses of from and to, he paid the required amount of Rs. 350/- through Paytm. The amount was deducted from complainant’s bank account. But the web page of Delhivery showed “payment failed”. A statement appeared saying payment for this order was declined, any amount if deducted will be refunded in 5-7 days. You can retry the payment and ship your order now”. But the amount is not refunded so far. But the transaction failed due to technical issues which is common in digital service. So, the complainant waited 5-7 days for the refund as shown in their web page so that he can do another transaction relying another courier agency. But the amount was not refunded.He had no money with him to approach another agency. The complainant contacted the Delhivery support team throughFacebookmessenger and email id, even though, opposite party asked details of transaction, amount is not refunded.So he could not bring his laptop at home for months. The complainant lost many portion of his work which was left incompleted with laptop. His exam preparation with laptop lapsed because of the non-arrival laptop to him. The complainant is alleging deficiency of service on the part of opposite party due to deduction of payment without due service and not refunding back the amount within promised date caused severe monitory loss and mental agony to the complainant. Hence the complainant is seeking refund of Rs. 350/- with a compensation of Rs. 10,000/- for damages.
Notice of opposite party served (tracked), name of opposite party called absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked Ext.A1 to A5. Ext.A1 is the copy of the email received for the successful payment. Ext.A2 is the copy of the Paytmpayment receipt. Ext.A3 is the copy of the Delhiverywebsite showing payment declined. Ext.A4 is the copy of the Facebook messenger chats with Delhivery on the refund of the deducted amount. Ext.A5 is the copy of the bank statement showing amount debited on 07/4/2023, but not refunded yet. The main questions raised for consideration are;
- Whether there is any deficiency of service on the part opposite party as alleged in the complaint?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
All questions can be discussed together. The complainant, who is a student of Delhi University, returned home on medical emergency leave. The complainant trusted DELHIVERTY LIMITED, for picking his laptop to home by paying the charge of Rs. 350/-, but the transaction failed due to technical issues. So he waited for 5-7 days, but the amount was not refunded. Due to the delay in refund, the complainant could not bring his laptop at home for weeks. His job and exam preparation all lapsed because of the non-refund of the amount by opposite party. Due to the deduction of payment without due service caused miseries to the complainant.
The complainant had no money in his account to entrust the picking of the laptop to some other courier agency. So, he waited for refund of the amount by opposite party. Non refund of the amount when he has not received any service from opposite party amounts to unfair trade practice. Non refund of the amount as per the statement of opposite party amounts to deficiency in service and unfair trade practice. No evidence is produced before the Commission to prove that opposite party had given any service to the complainant. In the absence of rebuttal evidence, opposite party is liable to compensate the mental agony caused to the complainant due to their deficiency in service. The prayer of the complainant is for refund of the deducted amount with compensation and cost. But instead of refund of the deducted amount, this Commission allows Rs.10,000/- as compensation considering all miseries undergone by the complainant.
Therefore, the complaint is allowed directing opposite party to pay a compensation of Rs. 10,000/- (Rupees Ten thousand only) to the complainant within 30 days of the receipt of the order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
Ext.A1 – Copy of the email received for the successful payment
Ext.A2 - Copy of the Paytm payment receipt
Ext.A3 - Copy of the Delhivery website showing payment declined
Ext.A4 –Copy of Facebook messenger chats with Delhivery
Ext.A5 –Copy of the bank statement
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
