1 Complainant Harsimranjit Singh has filed the present complaint under section 11, 12 sand 13 of the Consumer Protection Act (herein-after called as ‘the Act’) against Bestdealtv care of Maddev Enterprises (Drop Shipment) L-342, Basement Street No.1 Road No.19, Mahailpur, New Delhi (herein-after called as ‘Opposite Party’) on the allegations of deficiency in service with further prayer to direct the Opposite Party to refund the price of Rs.1199/- i.e. the cost of the new Mobile Accessories Combo and to refund the amount of Rs.150/- spent for sending the product in question through courier and Rs.10,000/-, as compensation on account of harassment and mental agony as well as litigation expenses alongwith interest @ 12% per annum from the date of purchase of the new Mobile Accessories Combo.
2 The case of the complainant in brief is that he purchased new Mobile Accessories Combo vide customer care No.09029669999 vide order No.1079648 Item No. 954 dated 25.01.2016 for an amount of Rs.1199/- from the Opposite Party and the Mobile Accessories Combo was delivered to the complainant at Tarn Taran and the total amount was paid to the Opposite Party, but the Mobile Accessories Combo in question was not in proper condition and it stopped working. In this regard, the complainant made complaints orally via calls and also sent e-mail to Opposite Party and complaint No.300022 was registered by the Opposite Party and the official of the Opposite Party assured the complainant to provide the new Mobile Accessories Combo against the return of defective Mobile Accessories Combo; that on 15.2.2016, the complainant returned the Mobile Accessories Combo in question to Opposite Party through Trackon Couriers Private Limited vide No.485301988 by spending Rs.150/- and the said courier was duly received on 19.2.2016 by the official of the Opposite Party namely Priyanka (Mobile No. 9560797109); that in the last week of February, the complainant again made calls to the officials of the Opposite Party and reminded about his complaint and the official of the Opposite Party told that they were working on the complaint of the complainant; that on 4.4.2016, the complainant received a telephonic call from the official of the Opposite Party that they are working on the complaint of the complainant and as soon as, his complaint is resolved, a new Mobile Accessories Combo will be sent alongwith cheques of amount which is spent by the complainant for making courier to return the defective Mobile Accessories Combo; that the complainant got no response from the Opposite Party and thereafter, the complainant sent a legal notice dated 26.4.2016 upon the Opposite Party but to no affect; that ultimately, the Opposite Party has wrongly declined the genuine claim of the complainant which amounts to deficiency in service on the part of the Opposite Party which caused harassment, mental agony to the complainant. Hence the complaint was filed.
3 After formal admission of the complaint, notice was sent to Opposite Party, but none appeared on behalf of the Opposite Party despite due service and therefore, the Opposite Party was proceeded against exparte vide order dated 08.09.2016 of this Forum.
4 Sufficient opportunities were granted to the parties to lead evidence in order to prove their respective case. The complainant produced his affidavit Ex. C1 and copies of documents Ex.C2 to Ex.C12 and closed the exparte evidence.
5 We have heard the ld.counsel for the complainant and also gone through the evidence and documents produced by the complainant on the file.
6. Ld.counsel for the complainant argued the case on the same line as were alleged in the complaint and stated that the complainant purchased new Mobile Accessories Combo from Opposite Party online vide order No.1079648, Item No. 954 dated 25.01.2016 for Rs.1199/-. He further contended that new Mobile Accessories Combo was not in proper condition and immediately stopped working and then, the complainant made complaint to the Opposite Party which was registered by Opposite Party and then the complainant was asked to return the defective Mobile Accessories Combo and the complainant returned the Mobile Accessories Combo in question on 15.2.2016 through Trackon Courier Private Limited and also spent Rs.150/- on the courier and as per the Track report, the courier was received by the Opposite Party on 19.2.2016, but thereafter, the new Mobile Accessories Combo was not sent to the complainant inspite of repeated calls, requests, etc. He contended that when the complainant contacted the Opposite Party, then the complainant was repeatedly told that the Opposite Party Company is working on the complaint of the complainant, but the matter was not resolved nor the articles were sent to the complainant, though the complainant spent money for contacting the Opposite Party repeatedly. He further contended that thereafter the complainant even served the Opposite Party with legal notice on 26.4.2016, but the Opposite Party didn’t send any reply nor sent the new Mobile Accessories Combo which caused harassment and mental agony to the complainant and the complainant had to file the complaint and as such, the complaint is required to be allowed and the Opposite Party is required to be directed to return the price of the new Mobile Accessories Combo alongwith Rs.150/- spent on the courier besides damages and litigation expenses.
7. The complainant has produced his affidavit Ex.C1 in his evidence and reiterated all the allegations of the complaint in the affidavit. The complainant has also produced the original receipt of Tracken Courier Private Limited Ex.C6 vide which the defective Mobile Accessories Combo was returned to the Opposite Party. The complainant has also proved the invoice Ex.C7 showing that the complainant purchased new Mobile Accessories Combo for Rs.1199/- from the Opposite Party. The product in question i.e. Mobile Accessories Combo was sent to the complainant at his address at Tarn Taran and as such, this Forum has jurisdiction to try and decide this complaint. The complainant has also proved the documents Ex.C2 to Ex.C5 and Ex.C8 showing that the courier has been sent by the complainant and the same has been received by the Opposite Party. The complainant even sent the e-mail Ex.C3 requesting the Opposite Party that his complaint has not been resolved so far and its resolution may be expedited. The complainant has also proved photo copy of the cover of envelop in which the new Mobile Accessories Combo was sent to the complainant and also proved the legal notice Ex.C11 alongwith postal receipt Ex.C12, but the notice had no affect upon the Opposite Party and the complainant was compelled to file the present complaint.
8. The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party is exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was given to the Opposite Party and the Opposite Party was declared to have been duly served through registered cover, but none from the Opposite Party appeared in the Forum in order to contest the complaint which shows that the Opposite Party has nothing to say against the claim of the complainant. As such, the complainant is entitled to the relief claimed in the complaint.
9. In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Party. Opposite Party is directed to supply the new Mobile Accessories Combo in replacement to the already returned defective Mobile Accessories Combo, within one month from the receipt of copy of the order failing which the Opposite Party is directed to return the price of the Mobile Accessories Combo i.e. Rs.1199/- with Rs.150/- as costs of courier. The complainant is also entitled to recover Rs.2,000/- (Rupees two thousands only) as compensation on account of harassment and mental agony and Rs.1,000/- (Rupees one thousands only) as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount of Rs. 1,199/-, from the date of complaint till its realisation. Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.
Pronounced in Open Forum.
Dated 15.12.2016.
