ORDER

26.11.2024

MS. NIPUR CHANDNA, MEMBER

1. The complainant has filed the present complaint alleging deficiency in service on the part of OP. In brief the facts are that complainant placed order of Realme Narzo N-63 Mobile Phone from the official website of OP vide order no. 405-2464104-7914761 dated 22.07.2024 for a consideration amount of Rs. 7,998/-. The estimate delivery of the phone was 26.07.2024. On 26.07.2024 the OP App show the status of the delivery as “in transit” and thereafter after some time the status was updated as “rejected”. The complainant contact the customer care executive of OP who assured her that the phone would be delivered and status would be rectified within 24 hours. Despite assurance by OP officials, no update was received in respect to the ordered mobile and as such the complainant again approached  the executive of OP for redressal of her grievance.

2. The officials of the OP asked the complainant to reorder the phone in question and further assured that refund of the earlier order would be initiated within 05 working days. It is further alleged by the complainant that when she tried to reorder the phone she was unable to do it as the phone she wanted to exchange as a part of offer of OP could not exchanged.

3. Thereafter, complainant reordered the phone from another account registered with OP excluding exchange value for a consideration amount of Rs. 7,998/- and paid the amount through jio payment bank on 27.07.2024. On 30.07.2024, phone was delivered to the complainant but complainant was unable to exchange old phone and as such she was compelled to return the phone order second time. It is alleged by the complainant that due to mismanagement and deficiency in service on the part of OP she was unable to exchange her old phone and as well as failed to purchase the phone in question from OP. It is alleged by the complainant that although she received refund of both ordered phone from OP but she filed the present complaint for getting the compensation as well as financial loss suffered due to deficiency in service on the part of OP.
4. The present complaint case is on admission stage. We have heard ld. Counsel for complainant Ms. Paridhi Saxena on the maintainability of the present complaint and have perused the record.

5. As per record in the present complaint case the complainant had already received the refund of the amount paid by her in respect to the ordered  mobile phones in question twice. The complainant has failed to place on record any documentary evidence which establish that the OP is liable to provide the exchange offer with the reordered mobile phone. The OP had denied exchange offer to the complainant which in our opinion is its internal policy. Moreover, the complainant has failed to place on record any documentary evidence in support of her contention that she is entitle for exchange offer on re- ordered phone. Hence, we are of the considered opinion that no cause of action arose in favour of complainant and against the OP for filing consumer present complaint case,  
6. In view of the above discussion, we are of the considered opinion that the present complaint is not maintainable with this commission being without any cause of action, hence, dismissed.
7. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  26.11.2024.

SANJAY KUMAR                    NIPUR CHANDNA                         RAJESH

PRESIDENT                             MEMBER                                       MEMBER