Haryana

Ambala

CC/230/2021

Dr. P.C. Sharma - Complainant(s)

Versus

Managing Director Mahalaxmi Corporate Service - Opp.Party(s)

D.S. Punia

14 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA

 

Complaint case no.	:	230 of 2021.
Date of Institution	:	30.07.2021.
Date of decision	:	14.06.2022.

Dr. P.C.Sharma C/o P.C.Sharma Eye Hospital, near Arya Chowk, Ambala City-

134003.

                                                                                      …….Complainant.

                                                Vs.

1.       Managing Director, (MD) Mahalaxmi Corporate Services, Shop No.791-792, Jalbera Road, Manav Chowk, Ambala City.

2.       Ms. Ritu, Managing Director (MD) Mahalaxmi Corporate Services Shop No.791-792, Jalbera Road, Manav Chowk, Ambala City.

          Email:mahalaxmisms888@gmail.com and ritusms000@gmail.com.

                                                                            ….…. Opposite Parties.

Before:       Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:      Shri DS Punia, Advocate, counsel for the complainant.

                    None for the OPs.

 

Order:       Shri Vinod Kumar Sharma, Member.

 

1.                The complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay a compensation of Rs.2 lakhs on account of failure of the OPs to provide services as per promise/undertaking and penalty of Rs.2lakhs due to unbecoming conduct and irresponsible behavior, causing harassment, loss and injury.
2. To pay Rs.33000/- as litigation expenses.
3. Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that in the month of May-2020 the OPs contacted to the complainant in her hospital and stated that they are doing business of service provider for bulk SMS, Bulk Voice, Bulk Whatsapp, missed call, VIP numbers etc. under the name and style of M/s Mahalaxmi Corporate Services and assured to provide best services in the package deal. Believing upon the assurances of the OPs, the complainant opted for SMS pack of one lakh SMS with 50000 SMS free, with life time validity for a total sum of Rs.18000/- and a sum of Rs.9000/- was paid as advance money on 24.5.2020 vide bill No.1229 and rest of the amount of Rs.9000/- was also paid vide bill No.1234, dated 1.7.2020.  The OPs assured to provide service as per deal, but they have provided the services for limited period and then, stopped the SMS services in August-2020, despite receiving full payment. Since, August 2020 despite repeated calls to the OPs, they have not restored the facility, even repeated calls made to them remained unanswered and unattended and emails dated 16.11.2020 and 28.11.2020 written to Mrs. Ritu remained unanswered and no action was taken to resolve the issue to provide and restore the promised SMS services till date. The complainant is running a big prestigious hospital known, having big clientage, who requiring up to date facility of SMS services to their patients. The complainant opted for SMS services for updating their system with the persons with whom they have to deal on day to day basis.  Due to non-providing of proper and smooth services to the complainant, the hospital has suffered a big loss, causing inconvenience to its staff, patients and other dealers, resulting in harm to the reputation of the hospital.  Hence, this complaint.
3.           Upon notice, the OPs appeared through his counsel and filed their joint written version, while raising some preliminary objections that the complaint is not maintainable in the present form; complainant has not come with clean hands and has suppressed material from this Hon’ble Comission; the complainant has concealed the true and material facts from this Hon’ble Commission; the complainant has no locus standi to file the present complaint; there is no deficiency on the part of the OPs; the complainant has no cause of action to file the present complaint.  On merits, controvert the plea taken by the complainant and admitted that the OPs providing the facility of SMS to the complainant and the OPs have also provided 16294 SMS to the complainant, due to this reason the OPs had paid the balance amount. During the period of pandemic of covid-19, there was complete lockdown and since collaboration of the firm of the answering OPs was with the Chine Base Company and during the period of pandemic of covid-19, the message in whole of India were stopped in August-2020.  The China Base Company was banned by the Government of India and due to this reason, the answering OPs could not provide further facility of SMS to the complainant and the complainant was duly intimated in this regard by the OP No.2.  There was no ill-will on the part of the OPs to stop providing facility of SMS to the complainant, rather, it was due to Chine Base Company, which was banned by the Government of India, due to that the OPs could not provide the SMS facility to the complainant. No loss has been caused to the complainant and there is no deficiency in service on the part of the OPs and prayed for dismissal of complaint with costs.
4.           Learned counsel for the complainant tendered affidavit of complainant as Annexure C1/A along with documents as Annexure C-1 to C-7 and closed the evidence on behalf of complainant. However, it is pertinent to mention here that the OPs failed to lead any evidence despite availing various opportunities, therefore, evidence of the OPs have been closed by the order of this Commission on  26.5.2023.
5.           We have heard the learned counsel for complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant during the course of his arguments reiterated to the version made into the complaint and prayed for acceptance of complaint.
7.           We have perused the bills dated 24.5.2020 and 1.7.2020 Annexures C-2 & Annexure C-3, whereby the complainant had paid Rs.18000/- to the OPs. The bill dated 24.5.2020 Annexure C-2 reveals that ‘one lakh SMS pack, 50000 SMS free, life time validity with 100% delivery, 100% report, SMS send on DND No, 24 hours services, Hindi, English SMS, Software attachment; total amount Rs.18000/-.The period dated 24.5.2020 is the period post of first wave of covid-19 and in the month of July-2020, it was the period of second wave of covid-19.  Meaning thereby the deal almost was succeeded/completed/affected in the covid-19 period and the version taken by the OPs that due to covid-19 period is not inspiring the confidence in the mind of this Commission. If it is taken to be truethat due to complete lockdown the OPs could comply with their promise of scheme, in reply to this firstly, there was no complete lockdown in the second wave of covid-19 and the OPs were duty bound to start the scheme after lapse of covid-19, but the present complaint has been filed by the complainant on 30.7.2021 and prior to filing of the complaint, the complainant got issued a registered legal notice dated 21.1.2021, which has not received by the OPs, even the address mentioned on the envelop of legal notices and address mentioned in the complaint is same, in this way, the OPs cannot say that they have not received the legal notices, since they have received notices/summons from this Commission on the given address. Bonafidely, it was the duty of the OPs to continue the facility of SMS, if they faced any hindrance due to covid-19 or whatsoever, but the OPs instead of restoring the facility, opted to defend the present complaint, which not only causing mental agony, harassment as well as financial loss to the complainant, even, compelling the complainant to enter into this unwanted litigation.
8.           In view of the aforesaid discussions, we hereby allow the present complaint against the OPs and direct them, in the following manner:-

(i) To refund the amount of Rs.18,000/- along with interest @4% p.a. from the date of filing of complaint i.e 30.07.2021, till realization.

(ii) To pay Rs.3,000/- as compensation for the mental agony and physical harassment suffered by the complainant.

(iii) To pay Rs.2,000/- as litigation expenses.

 

The OPs are further directed to comply with this order within the period of 45 days from the date of receipt of certified copy of this order, failing which the OPs shall pay interest @ 6% per annum on the awarded amount, from the date of default, till realization. Certified copy of the order be supplied to the parties concerned, forthwith, free of costs as permissible under Rules. File be indexed and consigned to the record-room.

 

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President.