DISTRICT CONSUMER DISPUTES REDRESSAL FORUM : NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 422/2016
D.No._________ Dated: ___________
In the matter of:
SH. R.K. KAPOOR S/o LATE SH. BALBIR SINGH KAPOOR,
R/o H. No-156, GALI No-4,
BANK COLONY, MANDOLI,
DELHI-110093. … COMPLAINANT
Versus
M/s ANISUN INTERNATIONAL (DROP SHIPMENT),
B-10/5, 2nd FLOOR,
WAZIRPUR INDUSTRIAL AREA,
DELHI-110052. … OPPOSITE PARTY
CORAM : SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 19.04.2016
Date of decision: 10.02.2017
SH. M.K. GUPTA, PRESIDENT
ORDER
1. Complainant has filed the present complaint against the OP under section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant purchased a Nomex 110PC Drill Machine + Bag free vide order no-1104427 against invoice dated 10.02.2016 from OP through an advertisement by Best Deal having its office at New ERA Mills Compound, Mugal Lane, Matunga West, Mumbai and it was assured to the complainant that the machine is free from all kind of defects. The machine was delivered to the complainant on 18.02.2016 at about 7:00 P.M. and the complainant was shocked on opening the parcel and found that the features of the machine was not equivalent as per advertisement. The complainant immediately contacted the OP on phone and apprised all the facts and the OP assured the complainant to make complaint through phone on next day. The complaint was made to the OP and the OP advised the complainant to return the machine to OP through courier and assured that the machine as per advertisement shall be sent within one week. On 24.02.2016, the complainant as per advised of the OP sent the machine to OP through Fast and First Courier Pvt. Ltd. vide receipt no-DL050012257 dated 24.02.2016. The machine was received by the OP but the complainant did not receive the new machine. Thereafter the complainant contacted the OP through mobile phone several times but no satisfactory reply was given. The complainant also visited the office of the OP but no proper advise was given. The complainant alleged that he has suffered loss of Rs.1,799/- and has also suffered mental pain and agony due to unfair trade practice and deficiency in service of OP.
2. On these allegations the complainant has filed the complaint praying for refund of Rs.1,799/- alongwith interest at the rate of 18 % per annum and for compensation of Rs.1,00,000/- for causing him mental agony and harassment and has also prayed for litigation cost of Rs.22,000/-.
3. OP has been proceeded ex-parte vide order dated 01.09.2016 as none on behalf of OP appeared despite service of notice on 27.04.2016 as per track report.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of bill dated 10.02.2016 regarding purchase of Nomex 110PC Drill machine for Rs.1,799/-. The complainant also placed on record copy of courier receipt dated 24.02.2016 issued by Fast & First Couriers Pvt. Ltd. alongwith delivery receipt dated 15.03.2016 duly signed by the OP with the remarks “product received-please issue refund to customer”.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving summons of this case from this forum, the OP has kept mum and has not bothered to answer the case of the complainant. Accordingly the OP is held guilty of unfair trade practice and deficiency in service.
6. Accordingly, the OP is directed as under:
- To refund to the complainant an amount of Rs.1,799/- as the price of the product.
- To pay to the complainant an amount of Rs.3,000/- as compensation including litigation cost towards mental agony and harassment caused.
7. The above amount shall be paid by the OP to the complainant within 30 days from the date of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment. If OP fails to comply the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 10th February, 2017.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
