O R D E R

Subhash Gupta, Member

The complainant has filed present complaint against O.Ps under section 12 of the Consumer Protection Act, 1986.  The facts as alleged in the complaint are that complainant had purchased a power bank of 10400 mAH from O.P-1 through online mode order No.AB1349726 dated 04.03.2015 for a sum of Rs.699/- was made as cash on delivery mode and was delivered to complainant on 12.03.2015.  It is alleged that the power bank supplied to complainant did not meet its specifications.  It does not give back up like a 10400 mAH power bank.  So complainant returned the product.  It is further alleged that when complainant got the product on 12.03.2015 complainant found the product is not meeting its specification so complainant informed the O.P-1 on 14.03.2015 regarding this through telephonic conversation.  It is also alleged that complainant made several complaints and sent reminders to the O.P but all in vain.  On these facts complainant prays that O.Ps be directed to refund the price of the product i.e. power bank and also to pay compensation as claimed.

2.     The O.Ps were duly served but they did not put an appearance, therefore, they were proceeded ex-parte vide orders dated 11.09.2015.  Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint and also filed his written submission.  

3.     We have carefully gone through the record of the case and have heard submission of the complainant.  The complainant has placed on record the receipt of the power bank.  He has also filed various emails whereby he had asked for refund of the amount.  He has also filed copy of emails which shows that the product was collected by the O.Ps for replacement.  It is apparent that the O.Ps have neither returned the product nor refunded the amount of the product.  As the O.Ps were proceeded were ex-parte all the averments made by the complainant which is also supported by his statement by way of affidavit cannot be dis-believed.  We are of the view that there is deficiency in service caused by the O.Ps.  The complainant is therefore, entitled for refund of the product i.e. Rs.699/-.  The complainant is also awarded a sum of Rs.1000/- towards compensation which will also include cost of litigation.  If this amount is not paid by the O.Ps within 45 days from the date of order, the complainant will be entitled to interest @ 6% till its actual realizations.  Ordered accordingly.

        Copy of this order be sent to the parties as per rules.

Announced this 01^st day of February, 2016.

(K.S. MOHI)                  (SUBHASH GUPTA)                (SHAHINA)     

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