The factual matrix of case is that, the complainant indented a Wireless mobile Earphone
through online on dt.22.06.2016 from the OP for Rs.400/- and the OP delivered the same through parcel on dt.30.06.2016 vide invoice no.RSHOPPERSG142197. After delivery of parcel the complainant found that the earphone was defective like the volume at its maximum level does not delivered by it. Hence the complainant approached the OP through their toll free bearing number 180030009009 and requested to replace the same and the very next day i.e. on dt.01.7.2016 at 12.07 a.m. he approached the OP through email and requested to replace the earphone with a new one but for no action or reply thereof made by the OP. The complainant regularly travels 100 Kms on his bike per a day and earphone is highly required for him, and due to the inaction of OP he purchased another earphone by paying extra sum. So he contends that, prior to order a standard earphone by paying Rs.400/- for his mobile, the OP provided a low standard product and despite persuasions, the OP neither replaced the product nor pays its price to him, so there is deficiency in service by the OP, for which the complainant suffered mental agony and financial losses due to the arbitrariness of OP. Hence he prayed to allow the price of the earphone and a sum of Rs.25,000/- as compensation and cost for such malfeasance action of OP.
2. The counsel for OP though appeared but failed to file his counter in the case despite adjournments given on dt.11.8.16, 23.8.16, 3.9.16, 15.9.16, 24.9.16 & 27.9.16 within its admission. Hence the OP set ex parte as per provisions envisaged in C.P.Act.1986. The complainant has filed cash invoice of the alleged earphone, email details etc. The complainant & counsel for OP has been minutely heard the case and perused the record.
3. The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.
4. It reveals that the complainant has procured the earphone in question on dt.30.06.2016 and the same reported defective after very next day of delivered the product. Though it is seen that, the complainant time and again approached the OP for replace of the product, but the OP neither replaced the earphone with a new one nor pays its price despite of several persuasions by complainant. Considering the evidences, submissions by the complainant, we are of the view that, the alleged earphone has inherent defect and the OP failed to deliver satisfactory service to the complainant. As thus the complainant suffered mental agony with the defective product, and also inflicted financial losses and valuable times due to the dilly dallying practices of OP hence he prayed for compensation.
5. From the above discussions and perusing the submissions filed by the complainant, we have carefully verified the earphone in question and found defect. It is further noticed that, the OP despite receiving notice of this forum is failed to take any initiations to settle the matter of complainant and there is nothing to reject the contentions of complainant without filing submission, counter and evidences by the OP, hence we feel that the action of OP is illegal, highhanded and unfair which amounts to deficiency in service and hence the OP found guilty under the C.P.Act 1986, so the complainant is lawfully entitled for relief. As thus the complaint is allowed against the OP with costs.
O R D E R
i. The opposite party supra is hereby directed to pay the price of the product Rs.400/- (Rupees four hundred) inter alia, to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.
ii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Order pronounced on this the 27th day of Sept' 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
Date of Preparation: 27.09.16
Date of dispatch :
Date of received by
the A/A for Ops / Complainant :
Initial of the dispatcher. Memo No_____________ Dtd…………………………
Copy to the parties concerned.
PRESIDENT, DCDRF,
NABARANGPUR.
