DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 676/15

Shri Ajay Jain

S/o Shri S.K. Jain

R/o B-200, Surajmal Vihar

Delhi – 110 092                                                                              ….Complainant

Vs.

M/s. Ask Me Bazaar

Through its Director/Manager/Authorized Signatory

H.O. 1205, 12^th Floor, New Delhi House

Barakhamba Roiad, New Delhi – 110 001                                  ….Opponent

Date of Institution: 09.09.2015

Judgment Reserved for : 17.08.2016

Judgment Passed on : 29.08.2016

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

Order By : Ms. Harpreet Kaur Charya (Member)

JUDGEMENT

            This complaint pertains to non-delivery of product ordered by the complainant with OP, M/s. Ask Me Bazaar.

2.        Brief facts of the complaint are that on 21.08.2015, the complainant booked a Currency Counting Machine by paying Rs. 6,999/- by credit card.  Order No. AB 4723729, confirming payment, was mailed to the complaint.  However, the product was not delivered.  It is also stated that on 27.08.2015, complainant received SMS regarding the cancellation of the order and amount to be refunded in 3-4 business day.

            It is further stated that again on 28.08.2015, complainant placed order for the same product and the mode of payment was cash on delivery, which was confirmed vide Order ID bearing no. AB 4852011.  This time also, the product was not delivered.  Aggrieved by the deficiency in services, complainant filed this complaint praying for         Rs. 6,999/-, paid for cost of cash counting machine with interest              @24% p.a., Rs. 75,000/- towards compensation, permanent/temporary stay on transaction of the web portal of OP and cost of proceedings and litigation. 

            Notice of the complaint was duly served on OP, who filed their written version stating that the payment was refunded to the complainant on 28.08.2015 vide refund ID No. 524070127087, stating the reason for cancellation as “Buyer was not responding on call while stock check”. 

            It is further stated that as per Clause 9.10 of the terms and conditions of OP, “the OP reserve a right to cancel any order without prior notification to the buyer”.  OP has denied all the allegations levelled by the complainant and averred that there was no deficiency in services on its part and prayed for dismissal of complaint with cost. 

            The complainant filed rejoinder where he denied all the averments in written version and reiterated the contents of complaint.  Thereafter, complainant did not file his evidence, but OP has examined Ms. Archana Maini, authorized attorney of M/s. Getit Stores Pvt. Ltd.

3.        During the course of arguments, counsel for the complainant admitted that the amount of Rs. 6,999/- against order No. AB 4723729 of dated 21.08.2015 had been credited/refunded.  This shows that the amount had been refunded even before the filing of this complaint. 

            OP has stated that the complainant did not respond to call while stock check, however, OP has not placed on record any proof regarding the said averment.  OP has failed to deliver the product despite issuing order confirmation for order dated 28.08.2015 bearing order ID no. AB4852011.  Hence, OP is directed to pay Rs. 2,500/- towards compensation and Rs. 1,000/- towards the cost of litigation.

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

(DR. P.N. TIWARI)                                                  (HARPREET KAUR CHARYA)

Member                                                                                Member     

       (SUKHDEV SINGH)

             President