Haryana

Ambala

CC/105/2022

Dev Raj Sharma - Complainant(s)

Versus

Add Me Cart - Opp.Party(s)

31 Aug 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case no.         :    105 of 2022

                                                          Date of Institution           :      01.04.2022

                                                          Date of decision    :      31.08.2022.

Dev Raj Sharma aged 74 yrs. son of Late Sh. Dogar Mal Sharma, resident of House No.187, Sector-1, Urban Estate, Ambala City, Haryana 134003.

          ……. Complainant.

                                                Versus

Add Me Cart Jai Stambh Chowk, Opposite Gurh Gali, Rajgarh, M.P. Pin-465661.

                                                                                                 ….…. Opposite Party.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Manish Ajnani, Advocate, counsel for complainant.

                             OP already ex parte.

 

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

i) To refund the amount of Rs.10700/- (Rs. Ten thousand seven hundred only) to the complainant.

ii) To pay Rs.10,000/- as compensation for the mental agony and physical harassment suffered by the complainant.

iii) To pay cost of litigation.

                   And

Grant any other relief which this Hon’ble Commission may deem fit.

2.             Brief facts of the case are that the complainant booked a Kenstar, 55 Liter Snow Cooler Air Cooler on 9-7-2021 vide order ID #71107700343613, from the OP, on making payment of Rs.10,700/-, which was to be delivered within 4-5 working days. The complainant waited till 21st July, 2021, but it was not delivered by the OP. Since the OP failed to deliver the said cooler, therefore, the complainant cancelled the order and requested the OP to refund the amount paid by him. However, despite the fact that number of requests, oral as well as in writing were made and  legal notice dated 23.11.2021, was also sent to the OP, yet, neither the cooler in question was supplied to the complainant nor the amount paid was refunded to him. The said act and conduct of the OP amounts to deficiency in service and adoption of unfair trade practice. Hence, the present complaint.
3.         Upon notice, none appeared on behalf of the OP before this Commission, therefore, it was proceeded against ex-parte vide order dated 17.05.2022.
4.           Learned counsel for complainant tendered affidavit of complainant as Annexure C-A alongwith documents as Annexure C-1 to C-9 and closed the evidence on behalf of complainant.
5.           We have heard the learned counsel for complainant and carefully gone through the case file.
6.           Learned counsel for complainant has submitted that the cooler in question was not supplied by the OP, despite the fact that number of requests, oral as well as  in writing were made to the OP and when complainant left with no alternative, he cancelled the order, on account of inordinate delay. The OP despite giving assurance that the amount paid by him will be refunded, not even a single penny has been refunded so far, which has caused a lot of mental agony, harassment and financial loss to the complainant and also he was deprived of use of the cooler.         
7.           It may be stated here that we have gone through the record of this case and found that the complainant has proved his case that in the first instance, he made payment of Rs.10,700/- to the OP, through paytm, Annexure C-3  for purchase of the said cooler. From the perusal of summary of account Annexure C-4, it is evident that complainant made the payment on 09.07.2021. Vide message dated 09.07.2021, Annexure C-6, it is also coming out that the OP assured the complainant that the cooler in question will be delivered within 4-5 days. However, further record reveals that when the said cooler was not delivered to the complainant, he sent number of messages to the OP, requesting it to send the cooler but to no avail. Even legal notice dated 23.11.2021, Annexure C-1 was also sent by the complainant to the OP, seeking refund of the amount paid, yet, the same was not even replied by it. Thus, it is proved on record that neither the cooler in question was supplied to the complainant nor the amount paid by him, was refunded by the OP. Significantly, the OP did not appear to contest the case and preferred to proceed against ex-parte. This act of the OP draws an adverse inference against it. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant and therefore, the assertions of the complainant have gone un-rebutted & uncontroverted. 
8.           In view of peculiar facts and circumstances of this case, we are of the considered opinion that the deficiency in rendering service and adoption of unfair trade practice on the part of the OP is writ large, as, in the first instance, it failed to provide the cooler to the complainant despite receiving its price thereof, within the committed period and at the same time, when it failed to provide the same, also did not refund the amount paid, despite assurance having been given to the complainant. The complainant was thus caused a lot of mental agony, harassment and also financial loss, at the hands of the OP and also he was deprived of use of the cooler.
9.           In view of aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:-

1. To refund the amount of Rs.10,700/- to the complainant alongwith interest @4% p.a. w.e.f 09.07.2021, i.e the date of payment, till realization.
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation charges.

 

                   The OP is further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 6% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 31.08.2022.

 

 

 

     (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

         Member                             Member                            President