Date of filing:  23.03.2021

                                                    Date of Disposal: 28.04.2023

 BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,      BENGALURU – 560 027.

DATED THIS THE 28^th DAY OF APRIL, 2023

CONSUMER COMPLAINT NO. 263/2021

PRESENT:

SRI.RAJU K.S,

          Rohit Kumar Jha,

Aged about 29 years,

#50, Chirunandana, 15^th Cross,

Muthyala Nagar,

Flat No.6, Kaavan Apartment

Sudguntyapalya, C.V. Raman Nagar,

Bangalore – 560 093.

Rep. by authorized Signatory.

(Notice returned un-served –

Steps not taken)                               ……  OPPOSITE PARTY.

//JUDGEMENT//

BY SRI. RAJU K.S, MEMBER

01.    The complainant has filed this complaint under Section-35 of Consumer Protection Act, 2019 seeking for a direction to the opposite party to take necessary steps to render proper service to the complainant and waive-off the extra charges levied by the opposite party with Rs.10,000/- compensation and such other relief.

02.    The case of the complainant is that, he has ordered to rent 05 furniture items sofa, bed, central table, refrigerator, 02 mattresses by visiting opposite party website.  The opposite party numbered these orders: 800032599, 800032763 and 800032762.  The opposite party agreed to receive the rents in regular mode of ECS with auto-debit facility per month.  Due to some technical issues from the opposite party side the ECS payment was not going through and the complainant had agreed for making manual payments with different modes like internet banking, UPI, etc.,.

03.    Further the complainant states that, even after making all the payments on time the opposite parties has in habit of sending payment reminders via SMS, email and text messages.  For that the complainant had raised complaint with the opposite party under Ticket No.41439.  Instead of solving the problem the opposite party continued intimation to the complainant by electronic mail conversation.  Thereby the opposite parties flogging dead horse instead of providing proper service in lieu of complaint filed by the complainant.  The opposite party having sheer negligence on their part and thereby running an unfair trade practice in order to dupe the hard earned money of the complainant.  The opposite party miserably failed to do their part of job and liable to complainant under deficiency of service. 

04.    The notice issued by this Commission to the opposite party is unserved.  Since from 16.06.2021 till 19.04.2023 when this complaint is posted for orders, the complainant not chosen to take necessary steps against opposite party and remained absent throughout the proceedings. 

05.    Based on pleadings and documents filed by the complainant the points that would arise for consideration are as under:-

  (1) Whether the complainant has proved deficiency in service on the part of the opposite party?

  (2) Whether the complainant is entitle for the 

    relief as sought ?

       (3) What order ?

06.    Our findings on the aforesaid points are as follows:-

POINT NO.1 & 2:-  Are in the negative

POINT NO.3 :-          As per the final order

for the following:-

REASONS

07. POINT NO.1 & 2:-  To avoid the repetition of facts of the complaint we have discussed point No.1 & 2 together.

08.    The complainant had filed this complaint for the alleged deficiency of service by the opposite parties.  The main allegation of the complainant is that, the opposite party agreed to receive the rents via ECS mode.  When there is a technical issue from the side of opposite party and ECS payment was not going on the opposite party agreed to receive the rent through manual payments in different modes internet banking, UPI, etc.,.  Further the complainant has made regular payments as agreed to the opposite party.  In-spite of receiving the regular payments the opposite party sent payment reminders through SMS, email, text messages even he received payments.  For that the complainant has raised a complaint under Ticket No.41439.  Even after complaint raised by the complainant the opposite party not choose to solve the issue and sent the reminders through mail.  Thereby the opposite party caused deficiency of service to the complainant.  

09.    To substantiate this fact the complainant has not filed his affidavit evidence and documentary evidence as contemplated under Section 38(6) of Consumer Protection Act, 2019.  Since from 16.06.2021 the complainant not choose to take necessary steps against the opposite party. The complainant neither appeared nor took necessary steps or failed to file his affidavit in the form of his evidence. 

10.    Section 38(9) of Consumer Protection Act, 2019 contemplates that, the District Commission shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, while trying a suit in respect of receiving of evidence on affidavits.   The complainant shall tender the sworn affidavit evidence by entering in to witness box.  Same has not been followed by the complainant in the present complaint.  The complainant had failed to prove the burden casted on him.  In view of the above, the complainant has failed to prove the deficiency of service on the part of the opposite party as alleged.  Accordingly we answer point No.1 & 2 in negative.

11.    POINT NO.3:-     As discussed supra, for the foregoing reasons we proceed to pass the following:-

ORDER

The complaint is dismissed.  No order as to costs.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stands disposed-off in terms of the aforesaid judgment.

(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open Commission on 28^th Day of APRIL, 2023)                                            

• RAJU K.S)                      (SHIVARAMA. K)    
•  

//ANNEXURE//

Witness examined for the complainant side:

• NIL -

Documents marked for the complainants side:

• NIL -

Witness examined for the opposite party side: 

• NIL –

Documents marked for the Opposite Party side:

• NIL -

• RAJU K.S)                      (SHIVARAMA. K)    
•