Delhi

West Delhi

CC/15/836

Kaushal kishor Singh - Complainant(s)

Versus

Bajaj Electricals Limited(online shoping) - Opp.Party(s)

21 Feb 2017

ORDER

      CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                        GOVERNMENT OF NCT OF DELHI

  150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                      Date of institution: 11.12.2015

Complaint Case. No.836/15                                                        Date of order:  21.02.2017

IN  MATTER OF

Kaushal kishor Singh, Flat No.749, 3^rd Floor, D.D.A flats, Pocket-C, Loknayak Puram, Bakkarwala, New Delhi-110041                                                                                                Complainant

VERSUS

Bajaj Electricals Limited(online shoping), 10 Asaf Ali Road, New Delhi-110002                                                                                                                                                                 Opposite party

 

 

 

ORDER

R.S. BAGRI,PRESIDENT

Brief relevant facts for disposal of the present complaint are that Shri Kaushal Kishore Singh herein after referred as the complainant purchased one electrical geyser on line from Bajaj Electricals limited herein after referred as the opposite party on payment of Rs. 8370/- on 21.09.2015. The payment was made through axis bank credit card. The opposite party informed the complainant through email that the electrical geyser will be delivered within 7 working days from the date of purchase at residence of the complainant. But the opposite party failed to deliver the electrical geyser within 7 days. The complainant lodged complaint to the opposite party. But no satisfactory response was received. The complainant also approached corporate head office of the opposite party telephonically and through email. But to no effect.  The complainant sent complaint to consumer online resource and empowerment centre of the opposite party on 05.10.2015. The representative of the opposite party called the complainant and wanted to deliver geyser. But the complainant refused to accept delivery of the geyser with objection that delivery was not in time. The complainant suffered loss due to non-delivery in time. Hence the present complaint for

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directions to the opposite party to refund Rs. 8370/- cost  of the electrical geyser with interest and pay Rs. 1,00,000/- as compensation for financial losses and physical and mental harassment.

            Notice of the complaint was sent to the opposite party. None appeared on behalf of the opposite party despite service. Therefore, the opposite party was proceeded ex-parte vide order dated 14.01.2016.

            When the complainant was asked to lead ex-parte evidence by way of affidavit, he filed his affidavit dated 26.04.2016 reiterating his stand taken in the complaint. He relied upon copy of online transaction dated 21.09.2015, copies of emails dated 25.09.2015 and 26.09.2015, copy of complaint lodged online dated 05.10.2015 and copies of statement of account of his credit card. In his affidavit he stated that the opposite party neither delivered the geyser nor refunded his amount. There is unfair trade practice and deficiency in service on the part of the opposite party. He once again prayed for refund of Rs.8370/- cost of electrical geyser with interest and pay Rs. 1 lakh on account of compensation for physical and mental harassment.

            From perusal of the documents it reveals that the complainant purchased one water heater from the opposite party on payment of Rs. 8370/- on 21.09.2015. The opposite party promised the complainant that they will try to deliver the goods within 7 working days from date of order at residence of the complainant. From statement of account of credit card of the complainant it reveals that payment of Rs. 8370/- was debited from the account of the complainant to the account of the opposite party on 21.09.2015 and Rs. 8370/- were credited in the account of the complainant by the opposite party on 31.01.2016. The version of the complainant of affidavit dated 26.04.2016 that amount has not been refunded is not supported by his own document.

We have heard complainant in person and have gone through material on record carefully and thoroughly.  

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Affidavit of the complainant and documents produced by the complainant show that the complainant paid Rs 8370/- for cost of water heater to the opposite party online. They promised that they will try to deliver the water heater in 7 days from purchase. There is nothing on record to show that the opposite party made promise to deliver the water heater within 7 days. Admittedly the opposite party wanted to deliver water heater on 05.10.2017 that is on 13^th day from purchase. But the complainant himself refused to accept the water heater. The opposite party has also refunded amount of the complainant. Hence the complainant has failed to show that there is any unfair trade practice and deficiency in service on part of the opposite party.

In light of above discussion and observations there is no merit in the complaint. Hence fails. Resultantly the complaint is dismissed.

Order pronounced on : 21.02.2017

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                                    (URMILA GUPTA)                                        (R.S.  BAGRI)                       MEMBER                                                        MEMBER                                                   PRESIDENT