DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB: PRESIDENT

Sri.V. BALAKRISHNAN, M Tech, MBA, LLB, FIE: MEMBER

Friday the 30^th day of June 2023

CC No. 387/2016

Complainant

K.V.Sunil Kumar

S/o.Raghavan,

Kattilveetil House,

Florican Hill, Malapramba,

Kozhikode – 673 009.

(By Adv.Sri.P.T.Rajesh)

Opposite Parties

1. The Director

          Syberplace E Solutions P Ltd.,

          KTC Illumination, #105,

          The Westin Hotel Road,

          Madhapur,

          Landmark SBI Retail Assets Processing Centre,

          Hyderbad – 500 081. TS

2. The Director

Pay U India,

Pay U payments Pvt. Ltd.,

         4^th Floor, Pearl Tower, Plot No.51,

Institutional Area Sector 32,

Gurgaon – 122 001.

(By Adv.Amrin Fathima)

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

        This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.

2. The case of the complainant, in brief, is as follows:

     The complainant had placed an order for purchase of Apple i phone from the 1^st opposite party by effecting payment of
Rs.22,999/- on 02/03/2016 through the 2^nd opposite party.  The order was placed upon the assurance to deliver the article within 7 to 13 days.  But the 1^st opposite party failed to honour their promise.  Hence the complainant cancelled the order on 29/03/2016.  The cancellation of the order was duly acknowledged assuring repayment of the amount collected within 2 days.  But despite repeated reminders and lawyer notice dated 11/05/2016, the 1^st opposite party failed to repay the amount.  The act and conduct of the 1^st opposite party amount to gross deficiency of service and unfair trade practice.  Hence the complaint to direct the 1st opposite party to pay a sum of Rs.22,999/- with interest along with compensation of Rs.50,000/-.

3. The 1^st opposite party was set ex-parte.  The 2^nd opposite party filed written version wherein it is contended that they have only a limited role to facilitate the transaction of the 1st opposite party in order to collect payments from their customer with respect to the goods and services purchased by the customer, in accordance with the agreement between them.  The 2^nd opposite party has no relationship with the customers.  The complainant has bought the product from the 1^st opposite party. The complainant has not sought for any relief from the 2^nd opposite party and the complaint as against them is liable to be dismissed.

4. The points that arise for determination in this complaint are;

(1). Whether there was any deficiency of service or unfair trade practice on the part of the 1^st opposite party, as alleged?

 (2). Reliefs and costs.

5. The complainant has filed proof affidavit. There was no cross examination by the contesting 2^nd opposite party. Seven documents produced by the complainant were marked as Ext A1 to A7.   No evidence was let in by the 2^nd opposite party.

6. Heard the complainant.  The 2^nd opposite party has filed brief argument note.

7. Point No.1:    The complainant is seeking an order against the 1^st opposite party to pay a sum of Rs.22,999/- with interest at the rate of 18% per annum together with compensation of Rs.50,000/-.  The case of the complainant is that he had placed an order for purchase of an Apple  i phone from the 1^st opposite party by effecting payment of Rs.22,999/- through the 2^nd opposite party on 02/03/2016, through the State Bank of Travancore, Thenhipalam Branch. But since the product was not delivered in time in spite of repeated requests, the order was cancelled on 29/03/2016.  The cancellation of the order was acknowledged by the 1^st opposite party assuring repayment within two days.  The grievance of the complainant is that the 1^st opposite party has failed to repay the amount as promised.

8. The 2^nd opposite party is impleaded being a proper and necessary party for an effective adjudication and no relief is sought against them by the complainant.

9. In order to substantiate his case, the complainant filed proof affidavit in terms of the averments in the complaint and in support of the claim.  Ext A1 is the copy of the order confirmation dated 02/03/2016, Ext A2 is the copy of the account statement of the complainant in the State Bank of Travancore, Ext A3 is the copy of the letter dated 05/04/2016 issued by the complainant, Ext A4 is the copy of the lawyer notice dated 11/05/2016, Ext A4(a) is the postal receipt and Exts A5 to A7 are the printout of the email communications.  

10. The evidence of the complainant stands unchallenged.  The 1^st opposite party has not turned up to file version.  The 1st opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant.  There is no contra evidence to disprove the claim of the complainant.  The complainant’s case stands proved through affidavit and Exts A1 to A7 documents.  The act of the 1^st opposite party in not repaying the amount constitutes gross deficiency of service and unfair trade practice.  The complainant is entitled to get refund of the amount from the 1^st opposite party.  Undoubtedly, the act of the 1^st opposite party has resulted in mental agony and hardship to the complainant, for which, he is entitled to be compensated adequately.  Considering the entire facts and circumstances, we are of the view that a sum of Rs.5,000/- will be reasonable compensation in this case.  The complainant is also entitled to get Rs.4,000/- as cost of the proceedings.

11. Point No.2: In the light of the finding on the above point, the complaint is disposed of as follows:

1. C C 387/2016 is allowed in part.
2. The 1^st opposite party is hereby directed to pay a sum of Rs.22,999/- (Rupees Twenty two thousand Nine hundred and Ninety Nine only)  to the complainant with interest at the rate of 6% per annum from the date of the complaint ie, 01/09/2016 till actual payment.
3. The 1^st opposite party is directed to pay a sum of Rs,5,000/- (Rupees Five thousand only) as compensation to the complainant for the mental agony and hardship suffered.
4. The 1^st opposite party is directed to pay a sum of Rs.4,000/-(Rupees Four thousand only)  to the complainant as cost of the proceedings.
5. The order shall be complied within 30 days of the receipt of copy of this order.

Pronounced in open Commission on this, the 30^thday of June 2023.

Date of Filing: 01/09/2016.

                                       Sd/-                                                                                                                     Sd/-

                                PRESIDENT                                                                                                        MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the order confirmation dated 02/03/2016.

Ext A2 - Copy of the account statement of the complainant in the State Bank of Travancore.

Ext A3 - Copy of the letter dated 05/04/2016 issued by the complainant.

Ext A4 - Copy of the lawyer notice dated 11/05/2016.

Ext A4(a) - Postal receipt.

Exts A5 - Printout of the email communication. 

Exts A6 - Printout of the email communication. 

Exts A7 - Printout of the email communication. 

Exhibits for the Opposite Parties:

Nil.

Witnesses for the Complainant:

Nil.

Witnesses for the opposite parties:

Nil.

                                       Sd/-                                                                                                                 Sd/-

                             PRESIDENT                                                                                                    MEMBER

                                                                                  True Copy,

                                                                    Sd/-

                                                      Assistant Registrar