Date of Filing: 19.11.2018

                                                                                        Date of Order:  28.10.2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD

P r e s e n t­

    HON’BLE Sri P.VIJENDER, B.Sc. L.L.B.  PRESIDENT.

HON’BLE Smt. D.NIRMALA, B.Com., LLB., MEMBER

          ON THIS THE  MONDAY THE    28^th     DAY   OF OCTOBER,  2019

C.C.No. 449  / 2018

Between

Mr Mohammed Wasi

H.No.9-4- 87/A/29/1,MD lines,

Tolichowki,  Hyderabad – 500 008,

Telangana                          .                                              ……Complainant

And

1. BPL India ,  Rep.by Managing Director,

11^th km, Arakere Bannerghatta Road,

Bangalore – 560076.

2. BPL Hyderabad Branch,

Rep.by  Branch Manager,

BPL, TELECOM PRIVATE LIMITED,

H.No.3-5-1089/9/4, 1^st Flppr, Near YMCA,

Beside Petrol Pump Narayanaguda,

Hyderabad – 500 029, Telangana,

3. BPL India,

Rep.by Manager, National Head –Sales & Marketing

11^th km,  Arakere Bannerghatta Road,

Bangalore – 560076.                                              ….Opposite Parties

Counsel for the complainant            : Ms.Sujatha

Counsel for the Opposite Parties     :  Absent

O R D E R

(By Sri. Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)

1)            This complaint  has  been   preferred under Section 12 of Consumer Protection  Act,  1986 alleging that  sale of product  by the opposite parties with manufacturing defect amounts to unfair trade practice.  Hence a direction to   compensate the loss suffered by the complainant by  payment of Rs.92,000/- and to pay further sum of Rs.50,000/- towards professional fee  and legal expenses incurred by the complainant. 

2)         The complaint averments in brief are that :           

                                                The complainant purchased  micro oven  on line from Amazon.ing  on 26.3.2018 for an amount of Rs.7,489/-.  The said micro oven was manufactured by opposite parties.  After purchase  it was not working.  Hence complainant made a request to repair the product as it  is within the warranty.  Company sent  technicians  to  check the  product and  they informed that it cannot be repaired  as   particular part is not available.   Complainant registered the complaint with the customer care of opposite party No.1  on 1.8.2018 and company agreed to refund the amount and  sent mail to that effect  to the complainant.  It was informed to the complainant  in the mail that  a cheque  towards  refund  was sent to the service center of opposite party No.1 on 11.10.2018.  The complainant has not received any amount till to day.

                                                The complainant  had sent  several emails to service center of the opposite party company  for  refund of the amount.  But there was no response.  On 2.11.2018 complainant received another mail stating that ‘we are extremely sorry for this delay and inconvenience caused , we are herewith  checking   internally  why  this  occurred  and  rectify the issue  and intimating RTGS transfer for resolving the issue. “ But the amount has not been received by the complainant.  Hence the present complaint.

          3)                                   Opposite party despite service of notice  for this complaint not appeared.  Hence  the complaint is proceeded in  ex-partee against the opposite parties.

4)                                     In the enquiry   the complainant got   filed his   evidence affidavit   reiterating  the material  allegations  made  in the complaint and  to support  the same  got exhibited  invoice for purchase of Micro oven and extracts of mails received from opposite parties.

5)            On a  consideration  of the  material brought on the record the     

                     following points have emerged for consideration  :-

1.    Whether  the complainant  could make out  a case of unfair trade practice  and deficiency of service on the part of opposite parties?

2.     Whether the complainant is entitled for  the  amounts claimed in the complaint?

           3.     To what relief?

6)      Point No.1:  Exhibit A1 purchase invoice evidences that   the complainant  placed on line order with Amazon  on 26.03.2018 to purchase a Microw oven for total cost of the product shown at Rs.7,489/-.  Product was dispatched  to the complainant on 27.3.2018 and later it was delivered to the complainant.  The complainant also has  filed the extract of pass book which evidences the amount  was sent  by him by RTGS.  Exhibit  A2 email extract evidences  that there was  exchanges of mails between the complainant and opposite parties.  As per  the mail dated 11.10.2018 the complainant was informed that a cheque was dispatched  to the service center and the  company was trying to contact  through cell but  it was not reachable.  The another  mail dt. 2.11.2018 shows the complainant was  informed by opposite party  that they are extremely sorry for the delay  and inconvenience  caused to the complainant.  Opposite parties are  checking with  their  team internally as to why delay was caused and complainant was assured that opposite parties were initiating   an RTGS transfer  on the very same day for resolving  the issue.  Thus these mails  from the opposite party fortifies that the opposite parties have admitted  that the product sold to the complainant is having  manufacturing  defect.  They are agreed to refund  the amount and it fortifies the complainant’s allegations that he was sold a product  having  manufacturing defect which amounts to unfair trade practice.  Accordingly the point is answered.

      Point No.2:-  In view of the above findings  the complainant is entitled for the refund of the amount with interest at 18% p.a. from 26.3.2018 to the date of payment. The opposite party  have caused inconvenience to the complainant by not  refunding  the amount having agreed for it and  it amounts to  deficiency of service .    Hence  opposite party is  liable to pay  compensation of Rs.10,000/-. Accordingly the point is answered.

            Point NO.3:  In the result the complaint is allowed in part directing the opposite parties.

            1. To refund  the amount of Rs.7,489/- with  interest at 18% from 26.3.2018 to the date of payment.

            2.  To pay  a sum of Rs.10,000/-  towards  compensation to the complainant for causing mental agony and inconvenience

            3. To pay further sum of Rs.5,000/- as costs of this complaint.

                          Time granted for compliance is thirty days from service of this order.

                    Dictated to steno transcribed and typed by her and pronounced by us on this the 28^th     day of   October, 2019.

  MEMBER                                                                                            PRESIDENT

APPENDIX OF EVIDENCE

                                                 WITNESS EXAMINED

                                                              NIL

Exhibits  filed on behalf of the Complainant:

Ex.A1 -  Copy of  receipt of purchase

Ex.A2 – Copies of mails received from opposite party000 to the complainant.

Exhibits  filed on behalf of the Opposite parties:

 NIL

MEMBER                                                                                            PRESIDENT