Man denied refund after Rs 170 ‘stuck’ in milk app wallet, wins over 15x payout

The Delhi Consumer Commission was hearing a complaint over a refund dispute involving Rs 170 remaining in a milk delivery app wallet after the service was discontinued.

Dairy Farm Milk Delhi Consumer Commission Refund Mobile Application Consumer NewsThe commission said retaining the Rs 170 after the milk supply was discontinued amounted to deficiency in service. (Image generated using AI)

A Delhi Consumer Commission has directed a dairy company to refund Rs 170 that remained in a customer’s milk delivery app wallet after he stopped the service in September 2023 over poor-quality milk, holding that the company could not retain the unused amount. The commission also directed the company to pay Rs 2,500 towards mental harassment, agony and litigation expenses.

The District Consumer Disputes Redressal Commission-VII, South-West, Delhi, president Suresh Kumar Gupta and member Harshali Kaur were hearing a complaint filed by Sameer Sarkar against that dairy company.

“The OP (dairy company) as retained a sum of Rs 170 of the complainant without any reason. The OP cannot retain the amount of the complainant. The OP was under duty to refund amount once the supply of milk is discontinued. The OP did not come forward to contest the case so evidence led by the complainant is relied upon. The non-refund of Rs 170 by the OP tantamounts deficiency in service on the part of OP,” the commission said on September 22.

The dispute began after Sarkar stopped taking milk from the company in September 2023. He had been using a mobile application operated by the company to have milk delivered to his home every morning. According to his complaint, he stopped the supply because of poor quality.

Rs 170 remained after last delivery

The last order was delivered on September 24, 2023. Even after the milk supply stopped, Rs 170 remained with the company. Sarkar sought a refund on September 29, 2023. When the amount was not returned, he also lodged a complaint with the consumer helpline before approaching the consumer commission.

The commission examined screenshots of the mobile application placed on record by Sarkar. The screenshots showed that his balance was Rs 170 when he discontinued the milk supply on September 24 and remained Rs 170 on September 25.

The commission also considered an email response from the company to Sarkar. According to the order, the company had stated that it would provide a refund if a client was not satisfied with the product. Despite this, the Rs 170 was not refunded after Sarkar raised his complaint, the commission noted.

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Dairy company did not contest case

The dairy farm company did not appear before the commission despite due service and was proceeded against ex parte on July 10, 2024. Sarkar filed his own affidavit as evidence and relied on documents annexed to his complaint. The commission said it heard the complainant and perused the entire material on record before deciding the matter.

The commission found that the company had retained Rs 170 without any reason. It said the company could not retain the complainant’s money and was under a duty to refund the amount once the milk supply was discontinued. The commission therefore allowed the complaint and directed the company to pay Sarkar Rs 170 with 6 per cent annual interest from February 26, 2024, the date of filing of the complaint, until realisation.

The commission also directed the dairy company to pay Rs 2,500 as compensation for mental harassment, agony and litigation expenses. The company has been given 45 days from the date of receipt of the order to comply. If it fails to do so, the Rs 2,500 compensation and litigation amount will carry interest at 6 per cent per annum from the date of the order until realisation.

Takeaway

If you stop a subscription-based service and money remains in your app wallet, keep a record of the balance and formally seek a refund. Save screenshots of your wallet balance, invoices and refund requests, and retain emails or complaint records. If the service provider does not refund money that remains due, these records can become important evidence in a consumer complaint.

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For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Delhi: 1800-11-4000) or call the National Consumer Helpline at 1915 for assistance.

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Vineet Upadhyay is an Assistant Editor with The Indian Express (Digital), where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More

 

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