Sayantani Ray

(20181BAL0050)

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

(DISTRICT______) AT RAJASTHAN

Consumer Complaint No. ______/2021

IN THE MATTERS OF:

Ms. Adrija Achintya Bannerjee

Flat No. A-1, Pink Arcade,

Sawai Raja Jai Singh Marg,

Jaipur- 12345, Rajasthan. … Complainant

versus

M/s SplashBoard.com

A website having its registered address at

Flat No. B-2, Bejewelled Towers,

Raja Man Singh Marg,

Jaipur- 6789, Rajasthan

… Accused

JURISDICTION P.S.: _______

 CONSUMER COMPLAINT UNDER SECTION 34 OF THE CONSUMER
PROTECTION ACT, 2019

THE COMPLAINANT HEREINABOVE MOST RESPECTFULLY SHOWETH AS UNDER:

1. That, the Complainant is an upcoming entrepreneur planning to start her own business through
her own website to sell personalized home décor products.
2. That, the Complainant being novice to the business for aesthetic purposes and to build a good
image to break through the existing market she was looking for some professionally designed
personalized images and posters relating to her business. Further the Complainant decided to
launch her website which is scheduled to be on 01/09/2021 on her Instagram account to gain
publicity.
3. That the Complainant while was in search of a professional designer, she came across the
Splash Board website [ hereafter referred to as The Accused]. Further the Complainant
upon reading mostly positive reviews about the said website, decided to assign them the work
of designing her posters and images and accordingly entered into an e-contract with the website
on 01/08/2021. That contract between the Complainant and The Accused, a non-negotiable
boilerplate e-contract containing some fine print.
4. That the Complainant placed an order to The Accused on 01/08/2021 at 10:36 AM. That
the Complainant has asked for posters having dimensions 15.32 cm x 15.32 cm each and 8
images each having dimensions 6.3 cm x 5.2 cm, the images to be created on the basis of
photographs supplied by the Complainant. That the Complainant was assigned a designer
name Mr. Chirag Deshmukh to complete the aforementioned assignment. The detail of the
assignment is further illustrated below:

DEDALINE
DATE AND DETAILS OF NAME OF NAME OF
TIME WHEN THE FOR
COMPLAINANT DESIGNER
ASSIGNED ASSIGNMENT DELIVERY

5 posters having 25/08/2021 at Ms. Adrija Mr. Chirag

dimensions 15.32
01/08/2021 at cm x 15.32 cm 06:00 AM Bannerjee Deshmukh
10:36 AM each (writing and
pictures on the
poster to be

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 supplied by
client)

8 images each
having
dimensions 6.3
cm x 5.2 cm, the
images to be
created on the
basis of
photographs
supplied by client

5. That the Complainant has made a payment to the Accused of Rs. 25,000/- only (Rupees
Twenty Fine Thousand only) inclusive of all taxes initially at the time of entering the
contract.
6. That the Complainant was in constant communication with Mr. Chirag Deshmukh
regarding the adjustability and close monitoring of the assignment through dashboard of
the said website.
7. That the Complainant finally received satisfactory designs on the dashboard posted by Mr.
Chirag Deshmukh, which she finally approved the end product. That the Complainant
communicated her final acceptance on 24/08/2021 at 07:05 PM through her dashboard.
8. That the Complainant ardent desire to launch her company was on already stipulated in a
week. That the Complainant received the said assignment on 25/08/2021 at 06:00 AM but
she was petrified with the delivered physical end product of the designs. The said designs are
futile for her website launch in all circumstances which caused severe loss.
9. That the Complainant after several frantic attempt, to contact the Accused for the delivery of
the approved end product, to which the Accused refused to intervene. The Accused has
failed to resolve the grievance of the Complainant.
10. That the Complainant when asked about the redelivery of the approved product and more
information about Mr. Chirag Deshmukh as the Complainant failed to locate him, she was
informed that the assignment was between the Complainant and Mr. Chirag Deshmukh and

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 the Mr. Chirag Deshmukh has disarticulated himself from the Splash Board website. Thus,
no further information Mr. Chirag Deshmukh was given.
11. That, the Complainant got to know that the said defectives on the poster on 25/08/2021 at 6pm,
she immediately contacted the Mr. Eeshwar Fulchand, Chief Contract Manager of the website
who was informed about the defective posters, instead of reconciling to the situation, the
Chief Contract Manager was hostile and a disconnected after a brief futile conversation, leaving
the Complainant is disdain.
12. Further the Complainant has asked for the refund of the aforesaid amount, to which she
was told by The Accused as stated in the clause of the e-contract that the amount paid
towards an assignment is non-refundable under any circumstances.
13. That the Complainant after facing the deprivation was unable to find another designer and
completed design for her website within short period of 6 days before her official launch.
That the Complainant being an upcoming entrepreneur missing the deadline caused her
ignominy given the publicity and clout surrounding the launch of the website.
14. That the Complainant faced embarrassment and disappointment and had to post an apology
because of the unfair trade practice adopted by the Accused through the false/misleading
advertisement, unfair trade practices and deficient services. That the Complainant reposed her
faith on the high standards and advertised promises made by the Accused believing the
remarks and positive feedbacks of the brand.
15. That, the Accused got to know that the posters send were all defective on 25/08/2021 when
Ms. Adrija Achintya Bannerjee approached the Accused and informed them of the harm that
she will suffer as a result of having such defective posters. The Complainant even requested
for renewal of the posters or reimbursement of the payment made for the posters previously.
The cause of action therefore arose on 25/08/2021.
16. That, the Complainant thereafter issued a Legal Notice dated 14/09/2021 to the Respondent
calling upon him to pay the refund amount of Rs. 2,500/- (Rupees Two Thousand and Five
Hundred Only) within 21 days of receipt of the said Legal Notice. That, the Respondent
received the said Legal Notice on 14/09/2021. That, the Respondent never contacted the
Complainant.
17. The Complainant states that, the details, and dates relevant to the compliant at hand are as
under:

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 Date Of Final Date Of
Name Of the Date of issue of Notice /
Communication About the Receiving of
Complainant Date of receipt of Notice
Posters Posters
Ms. Adrija Achintya 24/08/2021 at 07:05 PM 25/08/2021 at 6pm 14/09/2021
Bannerjee

18. That the Accused have committed deficiency in services & engaged in unfair trade practice
rendered to the Complainant and failed to restore her grievances, which comes within the
purview of deficient services & unfair trade practice as prescribed under the provisions of the
Consumer Protection Act, 1986/ Section 34 of Consumer Protection Act, 2019 as well as
relevant provisions of the Information and Technology Act, 2000 (IT Act) and the Information
Technology (Intermediary Guidelines) Rules, 2011 which has resulted in great mental and
financial losses to the Complainant.
19. That, the present Complaint has been filed on 05/10/2021, i.e., 40 days after cause of action
arose. The present Complaint has therefore been filed within the prescribed period of
limitation.
20. That, the value of consideration paid towards the said defective product is Rs. 2,500/- (Rupees
Two Thousand Five Hundred Only). That the Hon’ble Court has jurisdiction to entertain and
try the present complaint because the offence is committed within the jurisdiction of this
Hon’ble Court. The said cheque was issued within the limits of the jurisdiction of
Rajasthan. The Complainant further states that the concerned drawer and the drawee bank
branch are situated in the jurisdictional limits of Rajasthan. Ergo, the Hon’ble Court has
jurisdiction to entertain the present consumer complaint and try it in accordance with the
law.
21. That, the value of consideration paid towards the said defective product is Rs. 2,500/- (Rupees
Two Thousand Five Hundred Only). Therefore, That the appropriate court fees have been
annexed on the face of the complaint and in case of any deficiency, the complainant
undertakes to fulfil it.
22. That, the documents filed by the Complainant along with the present Complaint are
photocopies of the original documents. The Complainant reserves the right to file further
documents as required.
23. That, the contents of the present Complaint are supported by an accompanying affidavit.

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PRAYER
It is, therefore prayed before this Hon’ble Court that:
(a) The Accused to be summoned, tried and punished under Section 34 of Consumer
Protection Act, 2019.
(b) The Complainant to be compensated under 39 of Consumer Protection Act, 2019 and
(c) And any other order in the interest of justice, equity and good conscience may kindly
be passed.

Rajasthan

Date: 05/10/2021

Advocate for Complainant Complainant

VERIFICATION
I, Adrija Achintya Bannerjee do hereby state on solemn affirmation that whatever is stated above
is true and correct to the best of my knowledge, belief and information and nothing has been
concealed therefrom. Verified at Rajasthan on 5th day of October 2021.
Complainant

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 IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
(DISTRICT______) AT RAJASTHAN

Consumer Complaint No. ______/2021

IN THE MATTERS OF:

Ms. Adrija Achintya Bannerjee
… Complainant
versus

M/s SplashBoard.com
… Accused
AFFIDAVIT

I, Ms. Adrija Achintya Bannerjee aged about ____ years, d/o Mr. Sumit Bannerjee, R/o Flat No. A-1, Pink
Arcade, Sawai Raja Jai Singh Marg, Jaipur- 12345, Rajasthan., do hereby solemnly affirm and declare as
under: -
1. That I am the Complainant in the accompanying petition under Section 34 of Consumer Protection
Act, 2019 and the facts mentioned therein are true and nothing has been concealed herein.
2. That the accompanying complaint has been drafted by my counsel under my instructions which
have been read over to me and explained to me in vernacular and same is true and correct.
3. I repeat, reiterate, confirm, verify, and affirm the statements and averments made in the Complaint
and for brevity’s sake the same may be treated as forming part of the Affidavit.
4. Hence this Affidavit.
Whatever is stated above is true and correct to the best of my knowledge, information, and belief and hence
I have signed the same on this 05th Day of October 2021 at Rajasthan.

VERIFICATION: -
Verified at Rajasthan on 5th day of October 2021 that the contents of the above affidavit are true to the
best of my knowledge and belief no part of it is false and nothing material has been concealed herein.

I know the Affiant

Advocate for the Affiant Affiant

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