Karnataka

Bangalore 4th Additional

CC/15/1045

Abhoskek Narayan Mishra - Complainant(s)

Versus

Exalt Consulting Placement Services Pvt Ltd - Opp.Party(s)

In Person

31 May 2018

ORDER

Complaint filed on: 05.06.2015

                                                      Disposed on: 31.05.2018

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

 

 

CC.No.1045/2015

DATED THIS THE 31^st MAY OF 2018

 

PRESENT

 

 

SRI.S.L.PATIL, PRESIDENT

SMT.N.R.ROOPA, MEMBER

 

Complainant/s: -                           

Abhishek Narayan Mishra, Room No.305, Garudadri Building, 3^rd cross, Devarabisanahalli,

Bengaluru-103.

 

Inperson     

 

V/s

Opposite party/s

Respondent/s:-

 

The Managing Director

Exalt Consulting Placement Services Pvt. ltd.,

#22, 1^st floor, N.J.Chambers, Opp.Ramada Hotel,

Shivajinagar,

Bengaluru-51.

 

By Adv.Sri.Mahendrappa.B.N

 

 

PRESIDENT: SRI.S.L.PATIL

 

 

            This complaint is filed by the Complainant against the Opposite party (herein after referred as Op) seeking issuance of direction to apologise for all the inconvenience caused and to make up for the mistake by refunding the full ticket amount. Further direct it to pay Rs.50,000/- towards mental agony and Rs.1,000/- towards cost.

 

          2. The brief facts of the case of the Complainant are that, he had opiated for service from Op consultancy and he did not get proper response. Hence, he requested for refund, for that also Op did not respond. He mailed more than 25 times to get his refund and made more than 50 calls, somehow, after all this they had sent him refund form and asked him to fill and send through courier. He did as Op told him to do. The Complainant further submits that, he got one auto generated email dtd.25.02.15 and confirmation over phone that he will get refund within 10 working days. He waited till 15 working days. Hence, he called Op to refund. He got assurance that, he get refund in two days. After that they did not receive his call for a week. He called from other number, they received and asked him to call from his registered number i.e. 8553797545. He had done the same, but they insulted him over phone and told that they are not going to return his money back. Due to Op’s attitude, Complainant is unhappy with the service meted out to him and he stand on very firm legal ground in claiming. This apathetic and apparently deceitful attitude of the Op reflects its indifference to his plight. Hence prays to allow the complaint.

 

3. On receipt of the notice, Op did appear but not filed version to deny the contents of the complaint.

         

          4. The Complainant to substantiate his case filed affidavit evidence and produced 2 documents and also filed written arguments. We have gone through the available materials on record.  

  

5. The points that arise for our consideration are:

1. Whether the Complainant proves deficiency of service on the part of Op, if so, whether he entitled for the relief sought for ?    
2. What order ?

                   

           

 

6.  Our answers to the above points are as under:

 

Point no.1: In the Negative.  

Point no.2: As per the final order for the following

 

REASONS

 

          7. Point no.1:  We have gone through the entire contents of the complaint. Complainant has sought for refund. In this context, for what purpose there was agreement between the Complainant and Op in respect of the service is concerned, there is no any sufficient evidence on record to come to the definite conclusion. The entire contents of the Complainant are very vague in respect of relief claimed by the Complainant. If there are vague allegations without there being any good cause, the said claim cannot be considered. In this view of the matter, we come to the conclusion that, complaint filed by the Complainant is deserves to be dismissed for lack of material evidence. Accordingly we answered the point no.1 in the negative.

 

8. Point no.2: In the result, we passed the following:

 

ORDER

 

          The complaint filed by the Complainant is dismissed, devoid of merits. No order as to cost.  

 

          Supply free copy of this order to both the parties.

 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 31^st May 2018).

 

 

 

 

(ROOPA.N.R)     MEMBER

(S.L.PATIL)  PRESIDENT

                                                                        

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

 

Sri.Abhishek Narayan Mishra, who being the complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Doc.no.1	Letter regarding refund of money
Doc.no.2	Emails

 

2. Witness examined on behalf of the Opposite party/s Respondent/s by way of affidavit:

 

• NIL -

 

Copies of Documents produced on behalf of Opposite party/s

 

NIL -

 

 

 

 

(ROOPA.N.R)     MEMBER

(S.L.PATIL)  PRESIDENT