Date of Filing : 09.05.2012
Date of Order : 30.06.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 30th JUNE 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA, B.A., LLB. …….. MEMBER
CC No. 58 / 2012
Sridhar.D.,
S/o. Late Dhanraj, Aged about 51 years,
R/o: Ward No. 8, #22,
New West Gilbrest Block, Marikuppam Post,
KGF. ……. Complainant
V/s.
Alpha Radio, Hyderabad.
VAT#28366059352
M/s. BNPL-EPP-HYD/59,
Naaptol Online Shopping Pvt. Ltd.,
C/o. Bowenpally Post Office,
Secunderabad – 500 011. A.P. …… Opposite Party
ORDER
By Sri. T. NAGARAJA, MEMBER
The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OP to pay to the Complainant Rs.8,000/- are necessary:
As per the advertisement published by the OP in “Dinakaran” Daily News Paper dtd. 25.04.2012, Complainant telephoned to the OP and booked the Mobile “NAAPTOL.Com VOX 501+ Full Touch Screen Dual SIM Smart Phone + Bluetooth”. It was advertised that the value of the said Mobile as Rs.7,999/- and offer it for Rs.2,999/-. Complainant telephoned to the OP on the very day, who collected the full address of the Complainant and said that parcel will be sent and the Complainant has to receive the Mobile by paying the said amount to the postal authorities. Complainant received the parcel on 03.05.2012 and paid Rs.3,298/-. When the Complainant saw the Mobile, he found MRP of the said Mobile mentioned as Rs.2,599/-. When Complainant opened the Box, he found that the features of the Mobile were not as per the advertisement given in the paper. Thus, OP has committed unfair trade practice. He telephoned to the OP and requested to pay his money back. Even then OP never cared. Hence the Complaint.
2. In this case, even though notice was served, OP remained absent and failed to contest the matter.
3. Hence the Complainant has submitted that his Complaint & documents be read as his evidence. Arguments were heard.
4. The points that arise for our consideration are:
(A) Whether there is deficiency in service ?
(B) What order ?
5. Our findings are:
(A) Positive
(B) As per detailed order for the following reasons
REASONS
6. Points (A) & (B) – Complaint is summarized supra and the same be read herein again. None of the averments made in the Complaint are challenged or denied by the OP to any extent in any manner whatsoever. The statement of the Complainant is fully corroborated with the documents produced. There is nothing to disbelieve the same.
7. Reading the complaint in conjunction with the documents on record, it is established that OP has advertised regarding Mobile Phone having certain features and said that its MRP value is Rs.7,999/- and as an offer they are selling it at Rs.2,599/- giving 63% off. Accordingly, Complainant contacted the OP on the date of publication i.e., on 25.04.2012 wherein OP has collected the detailed address of the Complainant and asked him to receive the parcel which they are going to send and Complainant has to pay the amount to the postal authorities. Complainant received the parcel on 03.05.2012 and paid Rs.3,298/-. When the Complainant saw the Mobile, he found that MRP fixed therein was Rs.2,599/- and not Rs.7,999/-. This is unfair trade practice committed by the OP.
8. Further, when the Complainant had opened the Box, he found that the Mobile is not according to the advertisement that has been given, quality is very meager and it is not functioning at all. It is a Toy Mobile. This is nothing but unfair trade practice committed by the OP. Hence, we hold the above points accordingly and we pass the following order:
ORDER
1. Complaint is allowed in part.
2. OP is directed to pay to the Complainant Rs.3,298/- together with interest @ 12% P.A. from 25.04.2012 until payment within 30 days from the date of this Order.
3. OP is also directed pay Rs.2,000/- to the Complainant as costs of this litigation.
4. OP is directed to send the amount as ordered at (2) & (3) above to the Complainant by Demand Draft through RPAD and intimate this Forum the compliance of the Order within 45 days.
5. Send copy of the Order to the parties concerned free of cost.
6. Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.
(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 30th day of June 2012)
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
SSS
