SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019,seeking direction against OP to return Rs.3544/- which is the price of booking crackers and also to pay Rs.1,00,000/- as compensation and cost of litigation to the complainant
Complaint in brief :-
As the part of festival Vishu, complainant had booked crackers through online platform of OP worth Rs.3544/- including cost and courier charge and the screen shot of payment made through Gpay was sent to the whatsapp number of OP. The OP had issued that they will intimate after the process and when the courier once reach at Taliparamba. The complainant came to know that the online order was under the control of police and there is no chance to get the crackers within the period of Vishu, complainant decided to cancel the order and this was intimated to OP and also requested to pay back his amount he remitted. But after that the OP never responded nor paid the amount remitted by complainant. Hence this complaint.
After filing the complaint, notice issued to OP . The OP received the notice and not appeared before the commission and not filed any version. So the commission held that the OP has no version as such in this case came to be proceed against the OP is set exparte.
Even though, the OP has remained ex-parte, it is for the complainant to establish the allegation made by him against the OPs. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 2 documents marked as Exts.A1 & A2. Ext.A1 is the copy of account statement details issued by ICICI bank and Ext. A2 is the screen shot of payment transfer. The complainant was examined as PW1, so the OP remain absent in this case. At the end the commission heard the case on merit.
Let us have a clear glance into the documents produced by complainant as the OP was set exparte. According to Ext.A2 dtd.30//3/2023, it is seen that an amount of Rs.3544/- paid through Gpay to the account held by OP for the crackers he booked to celebrate the occasion of Vishu. Hence the averment of complainant with regard to the payment of Rs.3544/- for the crackers becomes to be true. Moreover, the complainant demanded his money from OP as the delivery of crackers delayed and the order was cancelled by complainant is apparent from the complainant he file before the Commission on 12/9/2023. Thereafter in the proof affidavit complainant admitted that on 18/10/2023, complainant received Rs.3544/- from OP. Hence the commission considered that there is a delay of 7 months caused in returning the money by OP for the service demanded by complainant, which OP fails to provide. To conclude, the OP is liable for the deficiency in service for not returning the amount which he obtained for the service which OP not provided and thereby complainant is entitled to get compensation for the delay caused in returning the amount by OP.
In the result complaint is allowed in part. The opposite party is directed to pay Rs.5000/- towards compensation for the delay caused in not providing the amount which opposite party obtained from complainant and failed to provide service and also pay Rs.2000/- as cost of litigation to the complainant within 30 days of receipt of this order. Failing which complainant is at liberty to file execution application against opposite parties as per the provisions of Consumer Protection Act 2019.
Exts:
A1- Account statement
A2- Screen shot of payment transfer
PW1-Subhash-Complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
