By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows:-
Complainant entered into an agreement with B2C Info Solution Private Limited on 04/07/2021 for developing a community matrimonial portal in the name of ‘’Islamic Matrimony.com’’ with basic features of Muslimmatrimony.com. The agreement was the continuation of several discussions between complainant and opposite parties through whatsapp messages and telephonic conversation since February 2021. On request of the complainant, opposite party prepared a quotation to develop the matrimonial portal and complainant received the quotation on 01/07/2021.
2. As per quotation the project cost was Rs. 3,85,000/- + GST and the project completion period was 75 days after the transfer of 1st instalment. Complainant accepted the quotation and transferred Rs. 1,00,000/- to the opposite party bank account through UPI mode on 04/07/2021. During the first month of agreement opposite party had sent some designs of website for approval of complainant , but no designs of android application were sent.
3. Complainant transferred second instalment of Rs. 1,00,000/- on 09/07/2021 and 3rd instalment of Rs.1,00,000/- on 25/08/2021, in accordance with the demand of opposite party. On 09/12/2021, opposite party told to complainant that they would have finished the project work of both responsive website and android application successfully and asked to transfer the balance amount of R.75,000/- and complainant transferred that amount on the same date in an assumption of project would have finished.
4. On that day itself when complainant checked the website link and application link shared by opposite party, it was realised that website was not functioning. The android application link what opposite party shared was not the application demanded by the complainant (Not developed with react native language). It was only a static view of the website and it is called progressive web application. It is available in the market just for Rs. 60,000/-. When complainant question this, opposite party withdrawn the application link. Since December 2021 opposite party told to complainant that they would finish the project soon.
5. Complainant again contended that opposite party not serious about the project completion because they had already collected Rs 3,75,000/- out of Rs 3,85,000/- + GST towards the project. Thereafter complainant sent a lawyer notice to opposite party by email on 01/09/2022 (after 14 months of project started), but no reply received by complainant yet. Since it is a business opportunity, complainant cannot wait further and complainant realised that opposite party does not have quality staff to develop this type of projects. Since it is a business of 100% online oriented, required continuous updation and service from the developer. The developer is not serious in the beginning itself results to further loss of money, energy and time for the complainant in the future. During this period the total expenses incurred by complainant is Rs. 4,04,500/- in connection with this project and other expenses like matrimony office agreement cost , office advance , office banner expenses and office rent expenses. Due to the negligence act of opposite party and due to the deficiency of service from the side of opposite party complainant suffered loss of time, money, energy and he suffered mental agony and revenue loss. Hence he is entitled for compensation. Hence this complaint.
6. The prayer of the complainant in the complaint is that, he is entitled to get Rs.8,00,000/- as compensation on account of deficiency in service, negligent act from the side of opposite party and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs.50,000/- as cost of the proceedings. The prayer of the complainant in the affidavit is that he is entitled to get Rs. 6,36,500/- as the expenses and losses incurred by him due to the inexperience, negligent acts and deficiency of service from the side of opposite party, Rs.5,00,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, loss of time, money, energy, physical hardships and sufferings to the complainant .
7. On admission of the complaint notice was issued to the opposite party and notice served on him and he did not turn up. Hence opposite party set exparte.
8. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A7. Ext.A1 is the print copy of the quotation received by complainant from the opposite party. Ext.A2 is the print copy of the payments made by complainant to the opposite party. Ext.A3 is the copy of lawyer notice sent as per the direction of complainant to opposite party. Ext.A4 is the photocopy of online communication between complainant and opposite party. Ext. A5 is the printed copy of payments made by complainant to third party in connection with project development. Ext. A6 is the photocopy of the proof of gold sold for invest in the project. Ext. A7 is the photocopy of all the expenses and losses incurred by complainant due to the negligent act and deficiency of service from the side of opposite party.
9. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced seven documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence complainant is entitled the amount he had paid to opposite party and also the compensation and cost of the proceedings. Hence we allow this complaint holding that opposite party is deficient in service.
10. We allow this complaint as follows:-
- The opposite party is directed to refund Rs.4,04,500/-(Rupees Four lakh four thousand and five hundred only) to complainant, the total amount paid by complainant to opposite party and third parties in connection with this project.
- The opposite party is directed to pay compensation of Rs.20,000/-(Rupees Twenty thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.3000/-(Rupees Three thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 31st day of July , 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A7
Ext.A1 : Print copy of the quotation received by complainant f from the opposite
party.
Ext.A2 : Print copy of the payments made by complainant to the opposite party.
Ext.A3 : Copy of lawyer notice sent as per the direction of complainant to opposite
party.
Ext.A4 : Photocopy of online communication between complainant and opposite
party.
Ext.A5 : Printed copy of payments made by complainant to third party in
connection with project development.
Ext. A6 : Photocopy of the proof of gold sold for invest in the project.
Ext. A7 : Photocopy of all the expenses and losses incurred by complainant due to
the negligent act and deficiency of service from the side of opposite party.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
