By Smt. Bindu. R,  President:

          This complaint is filed by Varun. P.P,  S/o. Prabhakaran,  Parakuzhiyil House,  Pulpally, Wayanad District alleging  deficiency of service and unfair trade practice from the side of the Opposite Parties.

          2. The Complainant states that the Complainant is a graduate and was in search of a medium  range   mobile phone.    Tempted  by the offer of the Opposite Parties for POCO X2  mobile phone manufactured by  POCO Company, Complainant had decided to purchase the same through the Opposite Party.  The Complainant states   that he had ordered  POCO X2 mobile phone and paid a sum of Rs. 16,327/-  on 21.09.2020.  Complainant also states that on 23.09.2020  the Complainant had received  a message from the Opposite Party stating that the amount of Rs.16,327/-  was refunded to the account of the Complainant and the amount was refunded to the account No.2879000400030571 with  Panjab National Bank,  Mananthavady Branch  on 23.09.2020 at 3.42 AM and it is stated by the Complainant that at the same time of refund of the amount ie at 3.42 AM on 23.09.2020,  the Complainant has received a whatsapp message of Opposite Party from the mobile No.8291627078 stating that the order payment of the Complainant was got refunded due to a technical glitch and if the Complainant wants to complete the order and get the order delivered on the same day before  1.30 PM,  the Complainant has to complete the payment before  11.30 AM through the given account of the Opposite Party.  The Complainant when contacted the executive of the Opposite Party through chat messages  he  also assured that the amount can be send to the said account.  Complainant further states that he was under the strong belief that the Opposite Party shall fulfil the order and it is not possible for any other agency or outsider to know the confidential transaction between the Complainant and the Opposite Party and  Complainant states that none  other than the Opposite Party shall know the refund  details etc. 

          3. Under the above circumstances,  the Complainant had transferred the said  amount of  Rs.16,327/-  through BHIM  transaction from his account number 2879000400030 maintained with Panjab National  Bank,  Mananthavady Branch  vide transaction ID No.026710907291.  The Complainant states that,  thereafter the Complainant has received another message stating that the amount send by the Complainant is again reversed and asked the Complainant to send the amount from another account.  Complainant states that since the Complainant is having no amount in his account to comply the demand he has not send the amount.  Thereafter when the Complainant repeatedly attempted to contact in the phone No.8291627078 they have not  responded.  Then the Complainant suspected some foul play on the part of the  Opposite Parties in the said  transaction and the Complainant states that the Opposite Party by joining hands with some others and played a drama to extract money illegally from the Complainant.  The Complainant  states that since the money transaction are highly secured, an outsider cannot get the information regarding the secret transaction between the Complainant and the Opposite Parties.   Even though the Complainant filed a petition before police,  no steps were seen taken on the complaint.  Hence the complaint alleging deficiency of service on the part of the Opposite Parties to pass an order directing the Opposite Parties to pay Rs.16,327/-  towards the amount send by the Complainant with 18%  interest per annum  from  23.09.2020  and for other reliefs.

          4. Upon  notice from this Commission,   1^st  Opposite Party entered appearance and filed version,  on 15.03.2022 and  2^nd  Opposite Party remained absent and set exparte on 29.07.2022.    On  27.04.2023,  the counsel  appearing for the Opposite Party filed  memo stating  “No instruction” from the  party.  Complainant filed proof affidavit and examined as PW1 and Ext.A1 and A2 were marked.  Even though version is filed  there was no representation for the Opposite Parties and PW1 was not cross examined to prove the case of Opposite Parties.  Hence the contents of the version is not considered.

5. In this case the Complainant filed proof affidavit  reiterating  the allegation

in the complaint and  Ext.A1 and A2 were marked.

6. On perusal of the evidence and documents,  the following points  are raised for consideration.

1.  Whether there has been any deficiency of service on the part of the Opposite Parties?
2. Whether the Complainant is entitled for compensation from the Opposite Parties?
3. Costs of  the proceedings.

7. The Commission   had   made  a    thorough probe in to  the contents of the

complaint and the evidence and documents produced.  It is the case of the Complainant that the Complainant tempted by the offer of the Opposite Parties, the Complainant ordered POCO X2  mobile phone  and paid a sum of Rs.16,327/-  on 21.09.2020  and he had received a message from the Opposite Party, stating that the amount of Rs.16,327/- was  refunded to the account.  Complainant admitted that the amount was refunded to the Account No.2879000400030571 with  Panjab National Bank,  Mananthavady Branch  on 23.09.2020 at 3.42 AM.  According to the Complainant,  he received another Whatsapp message from mobile No.8291627078 stating that the refund was due to technical glitch and if the Complainant wants to complete the order,  and get the order delivered,  he had to complete the payment before  11.30 AM through the given account of the Opposite Party.  After  ascertaining the same with the executive of the  Opposite Party,  the Complainant transferred Rs.16,327/-  through BHIM transaction from his account No.2879000400030 maintained with Panjab National Bank, Mananthavady Branch  vide  transaction ID No.026710907291.  According to the Complainant,  he has received another message  stating that the amount sent by the Complainant is again  reversed and  asked the Complainant   to send the amount from another account which is not  done by the Complainant.  Thereafter  when the Complainant repeatedly attempted to contact in the phone No.8291627078, and there was no response.  When the Complainant contacted the Opposite Parties they have stated  lame excuses and said that they have not received the amount and they are not aware about the transaction.  A perusal of Ext.A1 shows that the amount of Rs.16,327/-  has been refunded to the account of the Complainant.  Thereafter at  8.24 PM an amount of Rs.16,327/-  has been sent to Amazon and the   transaction is seen approved.  The copy of Whatsapp messages to the mobile No.8291627078 is produced and the profile shows that it is of Amazon and  on 23.09.2020  it is seen that the Complainant had sent the copy of transaction details to the said  number.  It is  in evidence that an amount of Rs.16,327/-  has been sent with transaction ID 026710907291 at 10.27 AM on 23.09.2020  and  is seen debited from the account.  Ext.A2 is the copy of Police complaint given by the Complainant regarding the incident.

          8. In this case  the Opposite parties have not turned up to disprove the allegation of the Complainant.  Considering the entire aspects in detail,  the Commission,  feels  that the apprehension of the Complainant that since the money transaction are highly secured,  an out sider  cannot get the information regarding the transaction between  Complainant and the Opposite Parties may be correct.  In these circumstances,  since there is proof regarding the payment of Rs.16,327/- to  the Opposite Party’s account,  point No.1 is  found in favour of the Complainant. 

9. Since point No.1 is proved in favour of the Complainant the Commission  passed the  orders as follows.

1. The Opposite Parties are directed to refund an amount of Rs.16,327/- (Rupees Sixteen thousand Three hundred and Twenty Seven only)  to the Complainant.
2. The Opposite Parties shall pay an amount of Rs.10,000/-  (Rupees Ten thousand only) towards compensation.
3. The Opposite Parties shall also pay an amount of Rs.5,000/-  (Rupees Five thousand only) towards the costs of the proceedings.

10. The amounts  are  to  be  paid   within   one  month   from   the   date  of 

receipt of the copy of  the order.  Opposite Parties are jointly and severally liable for the above ordered amount.  Need less to say that the Complainant will be entitled to 8% interest from the date of order till full  realisation except for the amount awarded as costs, if the amount is  not paid as ordered.

          Complaint is  allowed.

          Dictated to the Confidential Assistant, transcribed by him and corrected by me

and pronounced in the Open Commission on this the  16^th  day of August 2023. 

Date of filing:07.12.2020.

                                                                   PRESIDENT    :  Sd/-

                                                                    MEMBER        :     Sd/- 

                                                                   MEMBER        :    Sd/-

APPENDIX.

Witness for the Complainant:

PW1.          Varun. P.P.                      Complainant.                          

Witness for the Opposite Parties:

Nil.                      

Exhibits for the Complainant:

A1.    Copy of  Screen shot of transaction.

A2.    Copy of complaint filed by  Complainant before Pulpally Police Station.

Exhibits for the Opposite Parties:

Nil.