Smt. RENUKAMBA.C

          Member

1.       The complainant has brought this complaint before the  Commission on the basis of the following facts.

2.     The complainant is an employee of a private organization and his avocation requires frequent travel within and out of station, as such being lured by the advertisements of the opposite parties on social media, hoardings, print media etc, decided to avail the service of the opposite party for commuting. The opposite party no.1 is the registered office and the opposite party no.2 is its branch office, likewise the opposite parties have got numerous branches pan India. The business constitution of the opposite party is to provide self drive car rental service without the hassle of owning a car.

3.      That as the complainant did not have his own private car being influenced by the advertisements downloaded the online application of the opposite arty and availed their service in the following manner.

4. The opposite party is of such that the payment are collected in advance and after the service is availed and the car is returned, after calculating the charges the excess amount is refund. Since all payments are collected online, refunds are also to be processed online immediately.

5.     The complainant submits that as per section 2(47) of the Consumer protection Act, 2019 “Unfair trade practice means a trade practice which, for the purpose of promoting the sale use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:

1. Making  any statement, whether orally or in writing or by visible representation including by means of electronic record, which
2. Falsely represents that the services are of a particular standard, quality or grads,
3.   Makes a false or misleading representation concerning the need for, or the usefulness of any goods or services.

6.   Hence in lieu of the said act and said provision of law, the acts of the opposite party squarely and categorically amounts to deficiency in service, unfair  trade practice which deserves to be reprimanded.

7. The opposite party is liable to refund the amount to the complainant

8. The opposite parties amounts to deficiency in service as contemplated Under Section 2(11) and also amount of unfair trade practice a per section 2(47)(i)(b) & (i)(f) of the consumer protection Act,2019.

9. The opposite parties to refund of Rs.4,514/-along with interest at 24% pa  and Rs.50,000/-towards compensation and Rs.15,000/-towards cost of the proceedings.

10.       The complainant filed his affidavit evidence by way of examination in chief same was taken as Pw1 and got marked as Exhibits P1 and P2. Heard the oral arguments of the complainant counsel  and the matter set down for orders

11. Opposite party nos 1 and 2 are remained absent hence, placed exparte.

12.      The points that would arise for our consideration are as under:

1. Whether the complainant has proved that there is a deficiency in service on the part of opposite party and complainant is entitled to the reliefs sought?

2. What order?

13.     Our findings on the aforesaid points are as follows:

Point No.1:- Partly in the affirmative.

Point No.2:- As per final order for the following

                                                                   :: R E A S O N S ::

14.     Point No.1:- The complainant has availed the service of ‘Zoomcar self drive car rental service by downloading the online application of the opposite parties in the following manner:

15.     The service of opposite parties is such that the payments are collected in advance and after the service is availed, the car is returned, after calculating the charges, the excess amount is refunded. All payments are collected online and refunds are also calculated by opposite parties through online. But, here opposite parties have failed to refund the excess payments made by the complainant on different occasions as below:

16.      On verification of documents tendered by the complainant, it is noticed that opposite parties have failed to refund the excess payments collected through online. The shows unfair trade practice on the part of opposite parties. Hence, the complainant is eligible for refund of Rs.4,514/- along with compensation for mental agony and cost towards legal proceedings. Hence, point no.1 is answered partly in the affirmative.

17.    Point no.2:- In view of the above observations, we proceed to pass the following.

                                                                                    :: ORDER ::

1. The complaint is allowed in part.
2. The opposite parties are jointly and severally liable to refund amount of Rs.  4,514/- to the complainant with interest at 10% p.a within the period of 3 months from the date of this order till payment and the opposite parties also liable to pay a sum of Rs. 2,000/- towards mental agony and Rs.1,000/- towards cost of litigation.
3. Furnish the copy of order to both parties at free of cost.