| Address: Hazaribagh, Jharkhand |
Before the district consumer disputes
Redressal forum at hazaribagh
Complaint no. _of 2015
Abhishek kr. gupta,
Pachu gope colony (lepo road),
Near laxmi cinema,
Hazaribagh,
Jharkhand-825301 …complainant
Versus
The managing director,
Suksh technology pvt ltd,
No 15/3 @ 16,
Salarpuria hallmark,
4th floor, kadubeesanahalli,
Outer ring road,
Bangalore,
Karnataka-560087 …opposite
Party
Complaint under
Section 12 of the consumer protection
Act, 1986
It is
Respectfully showeth:
1. that the complainant is a resident of pachu gope colony (lepo
Road) near laxmi cinema, hazaribagh, jharkhand and had ordered products from
The opposite party.
2. the opposite party is an online shopping portal which sells
Various electronic products, apparels, digital cameras, etc. and has its
Registered address at karnataka.
That the facts of the present case, in brief,
Are as follows:
3. that, the complainant on december 30th 2014 ordered a bed sheet of
Even pieces for a consideration of rs. 1, 418/-, with the opposite party for
Which the complainant made an online credit card payment with order no.
33504339. attached herewith is a copy of
The bank statement as annexure i.
4. that, the complainant on december 30th 2014 was contacted by the
Customer executive of the opposite party and provided a lucrative offer to the
Complainant for which the complainant was required to make a payment of rs.
12, 999/- and would receive a sony experia e1 dual sim phone (sm001) for rs,
7, 936/-, a branded black power house expert 5600 for a price of rs.
2, 754/- and a dod assorted formal watch
For a price of rs. 2, 307/-. the complainant was further told that if he
Purchases the offer then he would receive a bonus point of rs. 12, 999/- and
Could utilize the above points in his subsequent transaction from the opposite
Party.
5. that, the complainant reposing its trust in the dealings of the
Opposite party made an online payment of rs. 12, 999/- on december 30th 2014 to
Avail the above offer. the complainant also received a confirmation email from
The opposite party 1 stating that the order has been dispatched. attached
Herewith is a copy of the email correspondence and the bank statement as annexure
Ii and iii.
6. that, the complainant contacted the opposite party to enquire
About his order and was shocked to know that only 500 points shall be added to
His account for which the complainant was earlier assured by the opposite party
That he would receive points of worth rs. 12, 999/-. the complainant immediately
Canceled his order and sought his refund of rs. 12, 999/-.
7. that, the complainant received the bed sheet of seven pieces
Product and again contacted the opposite party to provide him with the refund
Of rs. 12, 999/- to which he received a disappointing response from the opposite
Party.
8. that, the complainant on several occasions tried establishing
Contact with the opposite party however, there was no response by the opposite
Party. the complainant with some glimpse of having his issues resolved send
Emails to the opposite party canceling his order and seeking refund of rs.
12, 999/-. to which there was no response by the opposite party. attached
Herewith are all the email correspondences as annexure iv.
9. that, the complainant contacted the opposite party and was assured
That the refund of rs. 12, 999/- shall be made by february 14th 2015 however,
Even after contacting the opposite party on several occasions still the
Complainant has not received his refund. the complainant feels cheated and
Being victimized by the dealings of the opposite party.
10. that, the complainant again contacted the opposite party and once
Again was provided with false assurance that the refund would be transfered in
His account, but the same has not been done. since then on several occasions
The complainant has tried to establish contact with the opposite party but has
Failed in all his efforts as there has been no response.
11. that, it is pertinent to mention that the complainant was
Misrepresented by the opposite party stating that he would receive bonus points
Worth the amount of rs. 12, 999/- however, he was provided with 500 bonus
Points. the complainant further asserts that the opposite party has exercised
Mala fide intention to defraud the complainant thereby harassing the
Complainant.
12. that the complainant is exhausted and
Frustrated of contacting the customer executive of the
Opposite party, for which no solution was provided in order to resolve his
Issues. the complainant is appalled to have received such inept and
Unprofessional services from the opposite party which has created unnecessary
Hassles in his life, resulting in loss of time and money.
13. that, the complainant has spent a lot of money, valuable time,
Energy in order to get his issues resolved however, the opposite party has
Failed completely to address his issues and is dissatisfied with the services
Provided by them. the complainant also tried to amicably resolve the dispute
And sent a letter to the opposite party dated 09.02.2105 as a last resort
Before filing a complaint, seeking refund of the total amount paid towards availing
The offer. annexed herewith are the letter and the courier receipt as annexure
V and vi.
14. that, the complainant is a consumer as defined under section 2 (1) (d) of the consumer protection act, 1986. as the
Complainant had ordered products from
The opposite party to which the opposite party exercised unfair trade practices
And provided deficient services to the complainant.
15. that, the complainant has suffered immense loss of money and
Reputation with this entire episode and this act of the opposite party amounts
To deficient services and prima facie make them liable under section 2 (1) (g) of the consumer protection
Act, 1986. it states that “deficiency” means any fault, imperfection,
Hortcoming or inadequacy in the quality, nature and manner of performance
Which is required to be maintained by or under any law for the time being in
Force or has been undertaken to be performed by a person in pursuance of a
Contract or otherwise in relation to any service. the actions of the opposite
Party is further liable under section
2 (1) (r) of consumer protection act, 1986, which provides for unfair trade
Practice. it 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….” the act further
Goes on to describe that the practice of making any statement, whether orally
Or in writing, falsely representing that the goods are of particular standard,
Quality, quantity, grade, composition, style or model is an unfair trade
Practice.
16. that this hon’ble forum has got pecuniary jurisdiction to
Entertain this complaint as the compensation claimed does not exceed rs.
20, 00, 000/-.
17. that this hon’ble forum has got the territorial jurisdiction to
Adjudicate the matter as the cause of action partly arose in hazaribagh for the
Reason that the complainant made an online payment of rs 12, 999/- from
Hazaribagh which falls in jharkhand.
Also since the opposite party carries out its business in india through internet.
The matter falls within the territorial jurisdiction of this forum as stated in
Annexure vii attached herewith. hence the matter falls within the
Territorial jurisdiction of this hon’ble forum.
18. that, the cause of action is continuing till date as the opposite
Party has not taken any action on complainant’s grievance. therefore, the
Complaint is within the limitation period.
19. that the complainant has not filed any such or similar complaint
Against the opposite party herein, with respect to the same cause of action, in
Any other court of law. no such or similar complaint is pending adjudication
Before any competent court of law.
In view of above
Tated facts and circumstances it is respectfully prayed that this hon’ble
Court may kindly be pleased to:-
I) direct the opposite party to apologize for all the inconvenience
Caused to the complainant;
Ii) direct the opposite party to refund the total amount of rs. 12, 999/- at the earliest;
Iii) direct the opposite party to pay a sum of rs. 20, 000/- towards the
Mental agony suffered by the complainant; and
Iv) direct the opposite party to pay a sum of rs. 1, 000/- towards cost
Of this petition;
V) or pass any such orders and reliefs deemed fit and proper by this
Hon’ble forum in view of the facts and circumstances of this case.
For which act of kindness, the complainant shall, as is duty
Bound, ever pray.
Place complainant
Dated:
V e r i f i c a t i o n
I, mr. abhishek kr. gupta,
Do hereby on solemn affirmation state and verify that the contents of para nos.
1 to 13 of the complaint are true and correct to the best of my knowledge and
Nothing has been concealed therefrom and the contents of para 14 to 19 are in
The nature of legal submissions which i believe to be true.
Place complainant
Dated:
Affidavit in support of the complaint
Before the district consumer disputes
Redressal forum at hazaribagh
Complaint no. _of 2015
Abhishek kr. gupta,
Pachu gope colony (lepo road),
Near laxmi cinema,
Hazaribagh,
Jharkhand-825301 …complainant
Versus
The managing director,
Suksh technology pvt ltd,
No 15/3 @ 16,
Salarpuria hallmark,
4th floor, kadubeesanahalli,
Outer ring road,
Bangalore,
Karnataka-560087 …opposite
Party
A f f i d a v i t
I, mr abhishek
Kr. gupta, major of age 34, son of mr. shyam babu prasad, indian national,
Occupation sales officer, resident of
Pachu gope colony (lepo road) near laxmi cinema, hazaribagh, jharkhand.
I do hereby
Olemnly affirm and declare as under:-
1.
I say that i am the complainant
In the above case, thoroughly conversant with the facts and circumstances of
The present case and competent to swear this affidavit.
2.
I say that the facts contained in
My accompanying complaint, the contents of which have not been repeated herein
For the sake of brevity may be read as an integral part of this affidavit and
Are true and correct to my knowledge.
3.
I verify that the contents of
Above para 1 and 2 of this affidavit are true to the best of my knowledge.
Solemnly
Affirmed at _,
On this _ day
Of _, 2015 deponent
Annexure vii
Cc no.2542/2013
Filed on 16.11.2013
Disposed on 10.04.2014
Before the iii additional bangalore urban district
Consumer disputes redressal forum,
Bangalore – 560 052
Dated this the 10th day of april
2014
Consumer complaint no.2542/2013
Present:
Sri.
T. rajashekhariah b. a. ll. b.,
President
Smt.
Dr. subhashini, m. b. b. s.,
Member
Complainant-
Roni sarkar,
No.26, venkateshwaranilaya,
1st floor, 14th cross,
2nd ‘a’ main,
Vignan nagar, opp. to fair choice,
Bangalore – 560 075.
V/s
Opposite party-
The managing director, cvnaukri
Services pvt. ltd.,
B-75, sector 63, noida – 201 307
(up)
Order
By
Sri. t. rajashekharaiah, president
1. this
Complaint was filed on 16.11.2013 under section 12 of the consumer protection
Act, 1986. the complainant contends that he had received a call from an
Executive of the opposite party regarding the job openings for the post of
Assistant manager and the complainant was told to get registered to avail the
Ervices. the complainant was instructed to pay rs.2500/- and he sent it by
Credit card for which the confirmation message was also sent. but the executive
Of the opposite party told the complainant that he has not received any payment
And he was forced to make another payment of rs.15, 150/- and the complainant
Was told that the amount will not be deducted and it would be refunded back.
Hence, the complainant sent this amount and received a confirmation message
From the opposite party. again the executive of the opposite party refused and
Aid that no payment was made. the complainant sent written e-mails and there
Is no response from the opposite party. the explanation that the opposite party
Gave is that they will show the employer that there is a job requirement. but
There is no suitable job opportunity and they will cancel the profile and both
The amount will be refunded to the complainant. the opposite party did not do
The needful and it is liable to refund the amount, but it has failed to do so.
The payments were made from bangalore and this forum has jurisdiction. the
Cause of action is continuing till the compliance is made by the opposite
Party. hence, this complaint has been filed for a direction to the opposite
Party to refund rs.17, 650/- and to pay compensation of rs.20, 000/-.
2. the
Opposite party has been served and he has remained absent and he has been
Placed exparte.
3. the points that arise for consideration are:-
(1) whether the complainant has
Proved the alleged deficiency in service by the opposite party?
(2) if so, to what relief the
Complainant is entitled?
4. our findings on the above points are:-
Point
(1):- affirmative
Point
(2):- as
Per the final order
Reasons
5. point
No.1:- the complainant to substantiate his case has
Filed his affidavit evidence and he has reiterated the averments made in the
Complaint. the complainant has produced the correspondence made with the
Opposite party. the complainant has produced the copy of the e-mail
Dt.31.7.2013 and 3.8.2013 wherein the opposite party has clearly stated that he
Is making effort in providing job information to the complainant and it needs
Ome time etc., the contentions raised by the complainant are not denied by the
Opposite party by filing version. hence, the case of the complainant is deemed
To be admitted. the complainant has reiterated the contents of the complaint
And there is no reason to disbelieve the affidavit of the complainant. it is
Further corroborated by the e-mail sent by the opposite party on that subject.
Hence, the contention of the complainant that he has paid rs.17, 650/- for
Getting job with the assistance of the opposite party is probable and the
Opposite party has failed to provide that service is also acceptable. hence
After accepting the fee for that service, the opposite party has failed to
Provide that service and it amounts to deficiency in service. hence, this point
Is held in favour of the complainant.
6. point
No.2: in
View of our finding on point no.1, the opposite party may be directed to pay
Rs.17, 650/- to the complainant with interest at 15% p. a. from the date of
Payment i. e.30.7.2013, until actual repayment. the opposite party shall pay
Rs.3, 000/- as costs of this proceedings. hence, we pass the following:
Order
The complaint is allowed. the opposite
Party is directed to pay rs.17, 650/- to the complainant with interest at 15%
P. a. from the date of payment i. e.30.7.2013, until actual repayment. the
Opposite party shall pay rs.3, 000/- as costs of this proceedings. the
Opposite party is granted 30 days time from today to comply this order.
This order is pronounced on this the 10th day
Of april 2014.
Dr.
Subhashini t.
Rajashekharaiah
Member president
100bestbuy Team