[Resolved]  Timtara.com — not refund my money

Address:

Varanasi, Uttar Pradesh

1. SHRISH KANT age 19 years s/o Awadhesh Kumar, D 65/514, LAHARTARA, VARANASI, UTTAR PRADESH – 221002

…Complainant

Versus

2. TIMTARA.COM, INFOSECURE CONSULTING PVT. LTD., B-26 SECOND FLOOR, SECTOR 8, NOIDA, UTTAR PRADESH – 201301

…Opposite Party

Complaint under Section 12 of the Consumer Protection Act, 1986

RESPECTFULLY SHOWETH:

1. That the Complainant is residing at D 65/514, Lahartara, Varanasi, Uttar Pradesh – 221002.
That the facts of the present case, in brief, are as follows:-

2. That, the Complainant purchased a mobile phone, namely Nokia 808 pure view on September 30, 2012 with order number 10333160 worth Rs. 28,799/- from Opposite Party’s website www.timtara.com.

3. That, while placing the order the Complainant was told by Opposite Party’s executives that the product would be delivered within three weeks. It has been more than three months and the Complainant has not received his product yet.

4. That, the Complainant has been trying to reach Opposite Party’s customer care executives from past three months through e-mails & calls, but nobody responds. Even if somebody responds, they say that the product will be delivered within a week’s time, but it never happens. It seems like Opposite Party list the product without checking the pricing visibility and thereafter defaults in delivery.

5. That, the Complainant contends here that he had placed trust in Opposite Party’s company while playing the order. However, he is sorely disappointed at the appalling level of service that has been meted out to him. This is highly unethical & unprofessional on their part.

6. That, the Complainant did not receive any reply from the Opposite Party and hence sent a letter to them on November 30, 2012 stating Opposite Party’s deficient services. However no action has been taken by the Opposite Party on the notice yet.

7. That, the Complainant felt enraged as the Opposite Party has cheated on him. Till date the Complainant has not
received any retort even after many requests.

8. That, the Complainant is not satisfied at all with Opposite Party services and feels harassed. Therefore, this petition.

9. That this Hon’ble Forum has got pecuniary jurisdiction to entertain this Complaint as the compensation claimed 47799/-(Fourty seven thousand seven hundred ninty nine).

10. That this Hon’ble Forum has got jurisdiction to adjudicate and decide this case as the cause of action arose in Varanasi as the Complainant made online purchase from Varanasi. Also since the Opposite Party carries out its business in India through Internet, the matter falls within the territorial jurisdiction of this forum.

11. That, the cause of action is continuing up till now as the Opposite Party has not taken any action on the legal notice sent by the Complainant. Therefore, the complaint is filed within the limitation period.

12. That the Complainant has not filed any such or similar complaint before Hon’ble Court. No such or similar complaint is pending adjudication before any competent court of law.
It is, therefore, 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 Complainants;

ii) direct the Opposite Party to make up for the mistake and give the refund of the entire sum with interest to the Complainant;

iii) direct the Opposite Party to pay a sum of Rs. 15,000/- towards the physical strain and mental agony suffered by the Complainant and his family members; and

iv) direct the Opposite Party to pay a sum of Rs. 4,000/- towards cost of this petition

for which act of kindness, the Complainants shall, as is duty bound, ever pray.

Varanasi shrish kant
Date - 22 march 2013 Complainant