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DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Bimla Kumari, Presiding Member
Amit Bharana – Complainant
versus
Mobulous Technologies
Pvt. Ltd. and Ors. – Opp. Parties
C.C. No.891 of 2015
Decided on 18.06.2025
Counsel for the Parties:
For the Complainant:Mr. Rakesh Kumar, Advocate & Mr. Achin Goel, Counsel
For the Opp. Party No.1:Mr. Rajeev Goswami, Advocate
IMPORTANT POINT
Master Agreement for creation of Mobile Apps—Time is essence of agreement and has to be honoured.
Headnote:
Consumer Protection Act, 1986 – Section 19 [Consumer Protection Act, 2019 – Section 51] – Mobile Phone – Master Agreement for creation of Mobile Apps – Opposite Parties did not deliver even a single project in time despite receiving all payments well in advance from Complainant – Time was essence of agreement – OP never had experts, professionals, infrastructure and manpower to execute assignments and trapped complainant by taking lakhs of rupees from him – OP did not deliver anything to him, despite several requests and supplied bogus, incomplete and useless Code to him, which was completely false and of no use – Since allegations made by complainant in his complaint and evidence remained unchallenged and unrebutted, same have to be believed – OP directed to refund amount of Rs.18,60,000/- to Complainant with 6% interest, Rs.1,00,000/- as cost for mental agony and harassment and litigation cost of Rs.50,000/-. (Paras 19, 20, 21, 22, 23 and 24)
Result: Consumer Complaint allowed.
JUDGMENT
Brief facts of the case are that the Opposite Party No. 1 is a Mobile App Developer Company. In the last quarter of the year 2014, the Opposite Parties met with the Complainant and represented themselves as pioneer and expert in the field of development and management of mobile apps. Thereafter, Master Agreement dated 03.12.2024 (hereinafter referred to as Agreement) was executed between the Complainant and the Opposite Party No.1 for creation of mobile apps for the Complainant in the name of “Conncct”, “Bakkrr”, “Tikkrr” and “Snakkoo.”
2. It is the case of Complainant that repeatedly assurances were given by the Opposite Parties that they would deliver the finalized version of apps within the time limit so that he could launch the apps as per his parameters, promises and confirmation. Thus, the Complainant paid the substantial amount of Rs.18,60,000/- to the Opposite Parties by cheque by the end of January, 2015. The contractual obligation was divided into seven time bound milestones, which were never completed by Opposite Parties, thereby causing huge losses to the Complainant. The Opposite Parties did not deliver even a single project in time despite receiving all the payments well in advance from the Complainant. Moreover, the time was essence of the agreement. Since, the Complainant had pre-scheduled the soft launch of apps, engagement of vendors, registration, etc., and deadline for completion of work was coming ahead, the Complainant and his colleagues, time and again, reminded the Opposite Parties telephonically and e-mails to complete the assignment, but of no avail. In the month of January, 2015, the Opposite Parties completely shutdown communication with the Complainant and did not respond to his queries, calls and e-mails. Thereafter, as a last resort and under frustration and desperation, the Complainant gave the assignment/job of apps development to other company and the mandate given by to the Opposite Parties was withdrawn by the Complainant vide e-mail. Thereafter, the Opposite Parties sent shocking e-mail to the Complainant and falsely claimed that they were withdrawing from the projects/assignments of the Complainant. The same was done by the Opposite Parties in a pre-planned manner and malafidely, illegally and deliberately in order to harass the Complainant and to misappropriate his hard-earned money. The Opposite Parties also tried to blackmail and extort further money from the Complainant and bogus and shame assignments were falsely shown by the Opposite Parties to the Complainant. The whole assignment was ruined by the Opposite Parties and the dreams of the Complainant, to develop his own venture by way of self-employment, was completely shattered.
3. It is the further case of Complainant that the Opposite Parties never had experts, professionals and infrastructure to execute the assignment given to them and they lured, trapped and cheated the Complainant due to which he suffered harassment, trauma and stress which cannot be compensated in terms of money.
4. The Complainant also made a police complaint against the Opposite Parties and also sent a legal notice dated 07.05.2015 to the Opposite Parties, which was duly served upon the Opposite Parties, who sent a false and frivolous reply to the legal notice.
5. Aggrieved by the aforesaid conduct of the Opposite Parties, the Complainant filed the complaint, alleging deficiency in service and unfair trade practice on the part of the Opposite Parties and prayed for refund of his amount of Rs.18,62,699/- along with interest @ 18% p.a. and a sum of Rs.15,00,000/- towards compensation and also prayed for the award of litigation expenses.
6. Notice of the complaint was issued to the Opposite Party No. 1 only, vide order dated 03.12.2015 by Ld Predecessors and the Opposite Party No. 2 to 6 were deleted from array of parties.
7. The Opposite Party No. 1 filed the written statement, wherein it was submitted that the complaint is liable to be rejected summa
