Mar 09, 2018
Updated by nitintrehans PLEASE IGNORE ABOVE COMPLAINT DUE TO FEW ERRORS. Here is rectified complaint:
CONSUMER COMPLAINT BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, 150 - 151, Community Centre C - Block Pankha Road Janak Puri New Delhi
COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.
IN THE MATTER OF : Nitin Trehan, residing at F-14, Sector-3, Pkt 1 & 2, Dwarka, New Delhi
Nitin Trehan,
Director, Belfore Global Services Pvt Ltd.,
#14, Pocket-1 & 2, Sector-3, Dwarka, New Delhi-110078
COMPLAINANT
Vs.
Company name: Just Dial Limited having its registered office at Palm Court Bldg M, 501/B, 5th Floor, New Link Road, Besides Goregaon Sports Complex, Malad (w), Mumbai - 400064.
OPPOSITE PARTY
To
Hon'ble President and
Members of District Forum
Delhi
May it please your honours :
This complaint petition is being filed on behalf of Mr. Nitin Trehan, residing at F-14, Sector-3, Pkt 1 & 2, Dwarka, New Delhi, referred hereafter as Complainant, and is as follows :
1. That this complaint Petition is being filed under Consumer Protection Act. 1986.
2. That the opposite party is a Just Dial Limited, engaged in the business of online paid Business listings.
Narration of the Incident
On[protected], I paid a cheque of Rs. 36, 108 in favor of Just Dial Limited for a paid business listing on their website i.e www.Justdial.com. But no receipt was issued to me.The sales person promised to send the receipt on our mail which was never sent. Before paying to Just Dial Limited, we got lot of calls from their sales team in which their sales team communicated false results of our competitors over phone, we were assured to get lots of leads from Dwarka, we were also assured to get top position in Dwarka on their website as our registered address was in Dwarka so due to all such promises and misrepresentations, we took a rented office at Sector- 12, Dwarka. Our plan was activated after 1 week without intimation, even an electronic receipt was not send to us as promised by their salesman. Post activation, we got a call from their sales team that JustDial is going to change all membership plans, he told us that from new year onward the client who will pay higher, will get more leads and priority so the sales person from Just Dial Limted asked us to upgrade our plan in which Just Dial Limited would offer us top fixed position and priority. Later-on I came to know that the call was from sales team and there is no such change which is going to happen in the company. We mostly received leads from Gurgaon, Faridabad and Noida as it was their sales team strategy that client will take big amount package to get leads from Dwarka. In-fact they hide so many things prior payment such as, they send leads firstly to those members who hold fixed position on their website and after keeping a gap of one minute, the same lead is being forwarded to those members who hold unfixed position on their website. Moreover, they send single lead to more than 7 members due to which it becomes difficult to connect with a single client as their phone keep engaged for mostly 30-40 minutes. Apart from this most of the leads are not related with our business Due to all such tactical Unfair trade practices used by Just Dial Limited’s sales team, we incurred losses in business due to which we had to close our office in Delhi. Multiple emails were dropped to Just Dial Limited but they never took it seriously. Following losses were ascertained:
1- Office Rent - 20, 000 INR+ Rs.5000 brokerage
2- Furniture- 9, 000 INR
3- Coordinators salary- 30, 000
3. That on 14th November 2017, I (complainant) paid a sum of Rs...36, 108 via cheque No.29865 dated 14.11.17 drawn on Bank of India, Dwarka Branch, New Delhi, for a period of one year.
4. I (Complainant) have been approaching Just Dial Limited via Emails since 24th January 2018 to stop sending irrelevant leads and for refund of my due balance. But the staff of the Company, on some irrelevant reasons making excuses. Final email notice was also send to Just Dial Limited on 20.02.18 in which we clearly mentioned that we would constrained to take legal recourse at their cost and consequences If they don not refund the amount within 7 days but they only wasted our time by side tracking the issue in our communications. The cause of action has finally arisen when we received their email dated 28.02.18 denying refund of the amount paid. .
5. That the O.P. has inflicted enormous amount of mental agony and financial loss on the Complainant and his family.
PRAYER
In view of the submissions contained in the preceding paragraphs, I (complainant) most respectfully prays to the Hon'ble Forum to direct the Opposite Party Just Dial Limited to :
(a) pay the refund of Rs. 36, 108/- with 10 % interest ;
(b) pay a sum of Rs.64, 000/- towards financial loss incurred due to shut down of business in New Delhi; and
(c) pay a sum of Rs. 5, 00, 000/- towards the physical strain and mental agony suffered by the complainant (compensation)
Signature
NITIN TREHAN
Complainant
