100Bestbuy.com — I am cacel my order not received my money (12999)

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