Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 232
Instituted on : 27.04.2023
Decided on : 01.09.2023
Anil Ahuja Proprietor of Auja Trading co. Delhi Road, Opp. Ashoka Plaza Rohtak.
.......................Complainant.
Vs.
Bharatpe Building No.8, Tower-C, 7th Floor, DLF Cyber City, Gurugram-122002(Haryana).
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Complainant in person.
Opposite party exparte.
ORDER
TRIPTI PANNU, MEMBER.:
1. Brief facts of the case as per complainant are that he had ordered a swipe machine on 07.03.2023 through opposite party’s app but the same did not activate. He contacted the customer care for activating the same and they provided the link twice but to no result. He requested the opposite party on 10.03.2023 to return the machine but every time false assurance was given by the opposite party. On 28.03.2023 he received a message that return request has been cancelled and on the same day other message received by the complainant that the return request has been raised. On the next day company picked up his machine and on 31.03.2023 a new message was sent by the opposite party that the complainant is not eligible for refund. Complainant contacted the customer care and came to know that the return policy was only for 7 days. But the complainant had made the return request on the very next day. Despite his repeated requests no action was taken by the opposite party. As such there is deficiency in service on the part of opposite party and it is prayed that opposite party may kindly be directed to pay compensation of Rs.50000/- on account of mental agony & harassment and Rs.11000/- on account of litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Notice sent to opposite party not received back. Track report also submitted by the counsel for the complainant regarding delivery of the items. But none has appeared on behalf of opposite party. As such opposite party was proceeded against exparte vide order dated 19.06.2023 of this Commission.
3. Complainant in his exparte evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C3 and closed his evidence on dated 20.07.2023. Complainant has further submitted that the opposite party has made the payment in May 2023 and prayed for granting compensation and harassment.
4. We have heard the complainant and have gone through material aspects of the case very carefully.
5. As per the statement made on 25.07.2023 by the complainant, the amount has been refunded by the opposite party but he has prayed for compensation on account of harassment. In this regard we have perused that as per messages Ex.C3 complainant received the machine on 09.03.2023, he made a return request on 10.03.2023 i.e. on very next day but his amount was not refunded by the opposite parties despite his repeated requests and he had to file the present complaint on 27.04.2023. As per the complaint, the opposite party has already done their part and has refunded the amount. But perusal of file reveals that despite several repeated requests and promises made by them to the complainant they have not resolved the matter and has refunded the amount after filing the present complaint. Due to which the complainant has suffered mental agony & harassment and there is deficiency in service on the part of opposite party. As such opposite party is liable to compensate the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to pay a sum of Rs.2000/- as compensation on account of deficiency in service and Rs.2000/-(Rupees two thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
01.09.2023
………………………………..
Tripti Pannu, Member.
………………………………..
Vijender Singh, Member.
