Chandigarh

DF-II

CC/76/2018

Mohit Gupta - Complainant(s)

Versus

Paytm Headquaters - Opp.Party(s)

Brijesh Khosla Adv.

20 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	76 of 2018
Date  of  Institution	:	05.02.2018
Date   of   Decision	:	20.07.2018

 

 

 

 

Mohit Gupta son of Sh.Rakesh Kumar Gupta, Resident of #338, Sector 30-A, Chandigarh Post Code 160030   

 

             ……..Complainant

Versus

 

1]  Paytm Headquarters, B-121, Sector 5, NOIDA, Uttar Pradesh 201301, India

 

2]  Paytm, 543, 3^rd Floor, SCO 31, Mohali Stadium Road, Sector 70, Sahibzada Ajit Singh Nagar, Punjab.

 

 ………. Opposite Parties

 

BEFORE:  SH. RAJAN DEWAN           PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

                                SH. RAVINDER SINGH        MEMBER

           

 

Argued By: Sh.Brijesh Khosla, Adv. for the complainant.

Sh.Puneet Kakkar, Adv. for OPs.

 

 

PER PRITI MALHOTRA, MEMBER

 

                                As per the case, the complainant purchased Apple i-Phone 6s 32 GB Space Grey on24.4.2017 through Online Portal of Paytm for Rs.40,698/- vide order No.3131422239 and while making payment, the complainant applied coupon voucher (Promo Code) “MOB5500” and the same was accepted by OPs.  This acceptance of coupon voucher- promo code provide the cash back of Rs.5500/- to be credited by the OPs/Paytm in the account of the complainant in 24 hours of shipment (Ann.C-1 & C-2) as well as unique movie voucher which will be sent post-delivery of product.  It is averred that the complainant received the cashback of Rs.5500/- but did not receive the movie voucher and when contacted, the OPs replied vide Ann.C-3 that said promo code does not contain any movie related offer.  Then, the complainant sent screenshot of the order history wherein it was specifically mentioned about cashback and unique movie voucher.  Thereafter, the OPs sent the promo code for movie voucher, but that was declined being available for new user/first time user and valid only upto 30^th May, 2017.  The complainant exchanged e-mail communication with the Opposite Parties (Ann.C-7 to C-16), but still has not been provided the unique movie voucher as offered while making the deal.  It is stated that the Opposite Parties have breached the deal with the complainant and only give cash back and not the unique movie code/voucher.  Alleging the said act of the Opposite Parties as deficiency in service and unfair trade practice, hence this complaint has been filed. 

 

2]       The Opposite Parties have filed joint reply and while admitting the factual matrix of the case, stated that on coming to know the fact that the complainant was not in receipt of unique movie voucher code amounting to Rs.150/-, he was asked to share the screen shot of the order and on receipt of the screen shot of the order, Opposite Party sent e-mail dated 4.5.2017 sending new promo code with request to the customer to use it while placing movie order and with the expiry date of the same being 30.5.2017 (Ann.OP-4).  It is stated that the complainant could have taken the benefit of the movie ticket amounting to Rs.150/- as per the terms & conditions till 30.5.2017, which he due to his own inadvertence or negligence, voluntarily and to the reasons best known to him omitted to take.  It is submitted that the whole gamut of the case stands on the plinth of a meager amount of Rs.150/-, which the Opposite Parties have already offered the complainant in his Paytm Wallet and still willing to offer the same, but the complainant refused deliberately and instead prefer the present complaint and abused the process of law. Pleading no deficiency in service and denying rest of the allegations, the OPs have prayed for dismissal of the complaint.

 

3]       Replication has also been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of the reply filed by OPs.  

 

4]      Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the record.

 

6]       The controversial matter, in the present complaint, has been set at rest by virtue of the offer made by the OPs in the reply as well in the written arguments with regard to benefit amounting to Rs.150/- for the movie voucher under promo offer. 

 

7]       Now the only question pertains to the compensation for the harassment suffered by the complainant, which leads to the filing of the present complaint. The e-mail correspondences on record are evident of the fact that the complainant before filing the present complaint tried his level best to get the due benefit of the movie voucher scheme of OPs under the promo offer.  We, therefore, are of the opinion that for causing harassment to the complainant and forcing him to file present litigation, he deserves to be granted a reasonable compensation, which we quantify to the tune of Rs.2500/-. 

 

8]       In view of the above findings, the present complaint stands allowed.  The Opposite Parties No.1 & 2 are directed to pay an amount of Rs.150/- to the complainant towards the promo offer of movie voucher and also to pay compensation of Rs.2500/-, within a period of 30 days from the date of receipt of certified copy of this order, failing which they shall also be liable to pay additional compensatory cost of Rs.1000/- to the complainant apart from the above relief.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

20^th July, 2018                                          

                                                                                                Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER