Kerala

Thiruvananthapuram

CC/192/2021

Sanil kumar P S - Complainant(s)

Versus

Add me cart - Opp.Party(s)

24 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

 

          SRI.P.V.JAYARAJAN               : PRESIDENT

                                                                              SMT.PREETHA G NAIR             : MEMBER

                                                                            SRI.VIJU.V.R                            : MEMBER

CC.NO.192/2021 (Filed on : 24.06.2021)

ORDER DATED : 24.06.2022

COMPLAINANT

          Sanilkumar.P.S

          Kannannur Palackal House,

          Kudappanakkunnu.P.O

          Thiruvananthapuram – 695505

 

          (Party in person)

VS

 

OPPOSITE PARTY

          Add Me Cart, Jai Stambh Chowk,

          Opposite Gurh Gali, Rajgarh,

          Rajgarh.M.P, India, Pin – 465661

          (Exparte)

ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

1.       This complaint is filed under section 12 of Consumer Protection Act 1986 and stood over to this date for consideration and this Commission passed the following order.

2.       This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. The case of the complainant is that on 29.04.2021 the complainant placed order for an Apple Laptop worth Rs.53,991/-. The said amount was paid from the account of one of the relative of the complainant namely Sobha through net banking. As the laptop was not delivered within the stipulated time, the complainant contacted the opposite party through whatsup and then the opposite party informed that the Apple laptop for which the complainant placed order is not available and the opposite party offered to deliver Refurbished Laptop worth Rs.45,000/-. The opposite party also promised to refund the remaining amount. As the complainant was not willing to purchase Refurbished Laptop offered by the opposite party, the complainant cancelled the order on 28.05.2021 through the opposite party’s website and a message was also forwarded to the opposite party. Till the date of filing this complaint, the opposite party has not made any rearrangements for the refund of the amount received from the complainant. Hence alleging deficiency in service and unfair trade practice on the part of opposite party, the complainant approached this Commission for redressing his grievances.

3.       After admitting the complaint notice was issued to the opposite party. Though the opposite party accepted the notice, the opposite party failed to appear before this Commission and hence on 16.12.2021 this Commission declared the opposite party as exparte.

4.       The evidence in this case consists of PW1 and Exts.P1 to P6 were marked on the side of the complainant. The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.

Points to be considered:

              1)  Whether there is any deficiency in service on the part of the

                   Opposite Party as alleged by the complainant?

              2)   Whether the complainant is entitle for the relief claimed in the

                   complaint?

             3)   Order as to cost?

5.       Heard. Perused records. To substantiate the allegations raised in the complaint, the complainant himself sworn an affidavit as PW1 and Exts.P1 to P6 documents produced and marked. Ext.P1 is the copy of mail for booking the laptop. Ext.P2 is the copy of statement of account from Federal Bank. Ext.P3 is the copy of mail from opposite party. Ext.P4 is the copy of e-mail showing cancellation of order by complainant. Ext.P5 is the copy of offering refund. Ext.P6 is the copy of refund & return details. From Ext.P2, it is evident that an amount of Rs.53,991/- is seen transferred from the account of Sobha.V. Ext.P3 communication proves the placement of order by the complainant by paying Rs.53,991/- and further case of the complainant is that the opposite party is ready to deliver Refurbished Laptop for a price of Rs.45,000/-. Ext.P5 reveals that the opposite party has agreed to pay back the remaining amount if the complainant is ready to take delivery of Refurbished Laptop worth Rs.45,000/-. As there is no contra evidence from the side of the opposite party we are accepting the evidence adduced by the complainant. By swearing an affidavit as PW1 and by marking Exts.P1 to P6, we find that the complainant has succeeded in establishing his case. In the above circumstances we find that this is a fit case to be allowed in favour of the complainant in the absence of any contra evidence from the side of the opposite party.

    In the result, the complaint is allowed. The opposite party is directed to refund Rs.53,991/- with 6% interest from 29.04.2021 along with Rs.15,000/- as compensation and Rs.2500/- being the cost of this proceedings within 30 days from the date of receipt of this order, failing which the amount except cost carries interest @9% per annum from the date of order till realization.

     A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

        Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 24^th day of June 2022.

                                                                                                                                                                                Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                                                                                                                  Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                                                                                                                   Sd/-

                          VIJU.V.R        : MEMBER

 

be/

 

APPENDIX

CC.NO.192/2021

List of witness for the complainant

PW1            - Sanil kumar.P.S

Exhibits for the complainant

Ext.P1         - Copy of mail for booking the laptop

Ext.P2         - Copy of statement of account from Federal Bank.

Ext.P3         - Copy of mail from opposite party.

Ext.P4         - Copy of e-mail showing cancellation of order by complainant.

 Ext.P5        - Copy of offering refund.

Ext.P6         - copy of refund & return details.

List of witness for the opposite party - NIL

Exhibits for the opposite party - NIL

Court Exhibits                                   - NIL

 

 

                                                                                                         Sd/-

                                                                                                    PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

 CONSUMER DISPUTES

 REDRESSAL COMMISSION

 VAZHUTHACADU

THIRUVANANTHAPURAM

 

 

CC.NO.192/2021

ORDER DATED : 24.06.2022