Saurabh Saxena,

Aged about 28 yrs,

S/o Hari Krishna Saxena,

Working in SAP Labs India,

Pvt. Ltd., 138, Export Promo-

Tional Industrial Area, Whitefield,

Bangalore – 560 066.

…. Complainant.

V/s



M/s Times Internet Limited,

Top Floor, TOI Building,

10, Daryaganj, New Delhi 110002,

Represented by its Sales Manger.

…. Opposite Party



-: ORDER:-



This complaint is filed claiming Rs.10,771/- which includes Rs.771/- paid towards the price of the book from the Opposite Party on the following grounds:-



The complainant who is an employee of SAP labs placed an order with Opposite Party on Internet Online Shopping site for supply of the book namely “LONELY PLANET INDIA (11th edition) after ascertaining the availability of the book and its price on 30-12-2008 and sent Rs.771/- towards the price of the book by SBI Credit Card. The Opposite Party received the amount on 30-12-2008 itself. In spite of receipt of the amount, the Opposite Party cancelled the order illegally and refunded the price of the book through gift coupon on the ground that the book ordered is out of stock. The complainant declined to accept the gift coupon and demanded for Rs.771/-, but the Opposite Party failed to refund the amount and thereby caused unnecessary anxiety and disturbance of mind. The Opposite Party had not informed or indicated that the book was out of stock when he enquired availability of the book and its price. The complainant also tried to use the gift coupons to place the orders for the same book, but again the order was cancelled. Thus, the Opposite Party is withholding the sum of Rs.771/- from 30-12-2008 and therefore liable to pay compensation of Rs.10,000/-. Hence, the complaint.



2. In spite of service of notice, the Opposite Party has remained absent.



3. In support of the claim, the complainant has filed his affidavit and has produced copies of documents.



4. Heard the complainant.



5. The points for consideration are:-

1. Whether the complainant has proved deficiency in service on the part of the Opposite Party?



2. Whether the complainant entitled to the relief prayed for in the complaint?



6. Our findings are:-

Point No.1 : In the Affirmative

Point No.2 : As per final order,

for the following:-





-:REASONS:-

7. Since in spite of service of notice, the Opposite Party has remained absent, the material on record has gone unchallenged. From the copies of documents produced by the complainant, it is clear that the complainant had placed orders for supply of the book namely “LONELY PLANET INDIA (11th edition) and had sent Rs.771/- towards the price of the book. Subsequently the Opposite Party cancelled the order on the ground that the book is out of stock. But instead of refunding the amount paid by the complainant, it sent the gift certificates. When the book required by the complainant was out of stock, it was fair on the part of the Opposite Party to refund the price paid by the complainant instead of sending the gift certificates. It cannot insist upon the complainant to accept the gift coupon or the gift certificate. Therefore, the act of the Opposite Party in not refunding the amount clearly amounts to deficiency in service. In the affidavit filed in support of the claim, the complainant has reiterated the statements in the complaint. Thus, from the material on record we are convinced that the act of the Opposite Party clearly amounts to deficiency in service and therefore the complainant is entitled to seek refund of the price paid for the book. However, the complainant is not entitled to claim compensation of Rs.10,000/- as claimed. Awarding interest on the amount to be refunded will compensate the complainant for the inconvenience and hardship if any caused to him. In the result we pass the following:-

-:ORDER:-

1. The complaint is ALLOWED.

2. The Opposite Party is directed to refund Rs.771/- to the complainant with interest thereon at 10% Per Annum from 30-12-2008 till the date of payment. The Opposite Party shall also pay costs of Rs.1,000/- to the complainant. Compliance of the order within eight weeks.

3. Send a copy of this order to both parties free of costs immediately.