For Complainant          :             Self.

For Op No.1 & 2            :             None.

                                                                        -x-

1.                         The brief history of the case of the complainant is that on going through an advertisement he contacted OP.1 over phone from 16 to 22 April, 2018 for purchase of LED TV.  The OP.1 advised the complainant that as per scheme available, they are selling two LED TV (24” – 32”) at the cost of one and on payment of Rs.13, 700/- and the complainant will get two LED TV.  Being convinced the complainant sent Rs.13, 700/- through money transfer via ICICI Bank, Jeypore to the A/c. No.663505500080 Delhi IFSC-ICIC0006635 on 23.04.2018 which belongs to the Company account of OP.1.  The OP.1 on receipt of money stated that the TVs are to be dispatched on 23.4.18 but as the OP.1 did not give any detail of dispatch, the complainant contacted the OP.1 over phone.  The OP.1 replied that due to some problem, the articles could not be dispatched.  However, the OP supplied a Consignment No.753153685 dt.28.4.2018 containing articles but the said consignment is yet to be reached to the complainant.  The OP.1 also does not pick up the phone of the complainant.  Thus alleging deficiency in service on the part of the OP.1 he filed this case praying the Forum to direct the OP.1 to refund Rs.13, 700/- with interest besides compensation and costs.

2.                         Registered notice sent to OP.1 from the Forum returned with postal remark that the OP has left the address as supplied by him.  Hence the complainant took step and notice was sent to the OP.1 through his email and whatsapp.  Hence the notice was held sufficient but the OP.1 failed to participate in this case in any manner and thus remained exparte.  The OP.2 also did not participate in the proceeding in spite of valid notice.

3.                         We have heard from the complainant at length in absence of the OPs and perused the materials available on record.

4.                         In this case the complainant has filed address and activity sheet of the OP.1 Company by obtaining the information available in the website of the OP from which it was ascertained that the OP.1 Company is having its office at Nariana, New Delhi-110 028 and deals with electronics goods.  The complainant has also filed copy of money transfer receipt issued by ICICI Bank, Jeypore which clearly indicates that a sum of Rs.13, 700/- has been transferred to the A/c. No.663505500080 belongs to Ananya Appliances Pvt. Ltd., Proprietor of which is Mr. Ashutosh Chandra Asthana (OP.1).

5.                         It is also a fact that the money has been transferred to the accounts of the said Company but the OP.1 instead of sending the TVs is trying to escape from the liabilities.  The OP.1 is also in the habit of giving wrong information to the complainant.  As the money has been paid to the OP.1, he is bound to send two numbers of LCD TV to the complainant as per promise and non supply of TVs after receipt of consideration amounts to unfair trade practice on the part of OP.1.  Hence the complainant is entitled to get refund of Rs.13, 700/- with interest @ 12% p.a. from 23.4.2018.  For such inaction of OP.1, the complainant must have suffered some mental agony and has come up with this case incurring some expenditure for which he is entitled for some compensation and cost.  Considering the sufferings of the complainant, we feel a sum of Rs.10, 000/- towards compensation in favour of the complainant will meet the ends of justice.

6.                         Hence ordered that the complaint petition is allowed and the OP.1 is directed to refund Rs.13, 700/- with interest @ 12% p.a. from 23.04.2018 and to pay Rs.10, 000/- towards compensation and cost to the complainant within 30 days from the date of communication of this order.  There is no case against OP No.2.

(to dict.)