Before the District Consumer Disputes Redressal Forum

at Srikakulam, Andhra Pradesh

1. SUNEEJ KORADA, C/O A.ESWARA RAO, DOOR NO:16-1-101,
GUJARATHI PETA, SRIKAKULAM -532001

Complainant
Versus

2. TIMTARA.COM, INFOSECURE CONSULTING PVT. LTD., B-26 SECOND
FLOOR, SECTOR 8, NOIDA, UTTAR PRADESH -201301

Opposite Party

Complaint under Section 12 of the Consumer Protection Act, 1986

RESPECTFULLY SHOWETH:
1. That the Complainant is residing at C/O A.Eswara Rao, Door No:16-1-101,
Gujarathi Peta, Srikakulam -532001.
That the facts of the present case, in brief, are as follows:-
2. That, the Complainant ordered one Nokia Asha 311 Mobile Phone (Order No:
10331988) from Opposite Partys website on 27
th
September, 2012. He made a
Union Bank debit card payment of Rs. 5,840 against this order. [Attached is the
proof of this transaction as ANNEXURE I.]
3. That, on Opposite Partys site, it was mentioned that the product would reach the
customer within 3 weeks from the date of order. However this never happened
even after waiting for 45 days. He got fed up and requested Opposite Party to
cancel his order and simply return the refund amount to him. To his total
disappointment, even this cancellation has not been done till today. The customer
service executives of the Opposite Party are just not interested in escalating the
matter to their higher authorities. When the Complainant called them to inquire
about the status of the cancellation, they just disconnect his calls.
4. That, the Complainant is thoroughly dissatisfied with Opposite Partys inefficient
and unprofessional services. It is a pity that he chose to shop with them.
5. That, the Complainant even sent one letter to the Opposite Party stating deficiency
in services and refund on December 12, 2012. [Attached is the copy of letter and
courier receipt in ANNEXURE II & III].
6. That, the Complainant felt enraged as the Opposite Party has cheated on him. Till
date the Complainant has not received any delivery or refund even after many
requests. That, the Complainant is not satisfied at all with Opposite Party services
and feels harassed. Therefore, this petition.
7. That this Honble Forum has got pecuniary jurisdiction to entertain this Complaint
as the compensation claimed does not exceed Rs.20,00,000/-.
8. That this Honble Forum has got jurisdiction to adjudicate and decide this case
as the cause of action arose in Srikakulam as the Complainant made online
purchase from Srikakulam. Also since the Opposite Party carries out its business
in India through Internet, the matter falls within the territorial jurisdiction of this
forum.
9. That, the cause of action is continuing up till now as the Opposite Party has not
taken any action on their assurance and Complainants requests for delivery or
refund. Therefore, the complaint is filed within the limitation period.
10. That the Complainant has not filed any such or similar complaint before Honble
Court. No such or similar complaint is pending adjudication before any
competent court of law.
It is, therefore, respectfully prayed that this Honble Court may kindly be pleased
to:-
i) direct the Opposite Party to apologize for all the inconvenience caused to the
Complainants;
ii) direct the Opposite Party to make up for the mistake and refund entire money
and compensate the Complainant adequately;
iii) direct the Opposite Party to pay a sum of Rs. 10,000/- towards the physical
strain and mental agony suffered by the Complainants and her family
members; and
iv) direct the Opposite Party to pay a sum of Rs. 1,000/- towards cost of this
petition

for which act of kindness, the Complainants shall, as is duty bound, ever pray.

Srikakulam Complainant
Dated


Verification:-
Verified that the contents of Para nos. 1 to 10 of the complaint are true and
correct to the best of my knowledge. No part of it is false and nothing has
been concealed there from.

Srikakulam Complainant
Dated
AFFIDAVIT IN SUPPORT OF THE COMPLAINT
Before the District Consumer Disputes Redressal Forum at Srikakulam
Complaint No. _______________ of 2012

SUNEEJ KORADA, C/O A.ESWARA RAO, DOOR NO:16-1-101,
GUJARATHI PETA, SRIKAKULAM -532001

Complainant
Versus

TIMTARA.COM, INFOSECURE CONSULTING PVT. LTD., B-26 SECOND
FLOOR, SECTOR 8, NOIDA, UTTAR PRADESH -201301

Opposite Party






AFFIDAVIT
Affidavit of Mr. Suneej Korada, resident of C/O A.Eswara Rao, Door No:16-1-
101,Gujarathi Peta, Srikakulam -532001.
I the above named deponent do hereby solemnly affirm and declare asunder:-
1. That I am the Complainant in the above case, thoroughly
conversant with the facts and circumstances of the present case and
competent to swear this affidavit.
2. That the facts contained in my accompanying complaint, the
contents of which have not been repeated herein for the sake of brevity
may be read as an integral part of this affidavit and are true and correct
to my knowledge.
Srikakulam Complainant
Dated
Verification:-
I, the above named deponents do hereby solemnly verify
that the contents of my above affidavit are true and correct to my
knowledge. No part of it is false and nothing material has been
concealed therein.
Verified this .......day of 20.......at........
Srikakulam Complainant
Dated