DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 54 of 2019

 

Shri Manojit Saha,

S/O. Shri Tapan Saha,

R/O.House No.02/243, 

Vill.Vivekananda Palli, 

P.O.-Amarpur, Pin-799101,

P.S.-Birganj, Dist.-Gomati Tripura

 

Present Address – 

C/O.-Kajal Paul,

Kamalghat, Mohanpur,

West Tripura, Pin-799210…...............................................................................Complainant.

 

 

 

-VERSUS-

 

 

 

“MAXX TRADERS”,

223, 3rd Floor new Layal pur,

Near Som Bazar, New Delhi,

Delhi-110051.................................................................................................. Opposite party.

 

 

 

     __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI UMESH DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. Dr BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

C O U N S E L

 

 

For the Complainant : In person. 

 

 

For the O.P.  : Sri Ranjan Bhattacharya,

Sri Basudev Chakraborty,

Smt. Malika Roy,

  Advocates.  

 

JUDGMENT  DELIVERED  ON :   31/ 01/2020

 

J U D G M E N T

          The Complainant Shri Manojit Saha, set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service by the O.P.

Complainant's case, in brief, is that the Complainant  on 30/06/2019 had booked with the O.P. one charger light(Mitaki 7W Emergency Light RL 7A Blue) through online vide order Id:29608303255 and Sub order Id: 35174361345. According to the Complainant at the time of booking the item the price of the product was Rs.388/- and the delivery charge fixed at Rs.49/-. Thus the Complainant had to pay in total Rs.437/-. The payment mode was cash on delivery. The Complainant has accordingly got delivery of the item on 05/07/2019 at Kamalghat Bazar, Near ICFAI University, Tripura, Mohanpur, West Tripura on payment of Rs.437/- in cash. After opening the packet / parcel the Complainant found that actual price of the product i.e. the charger light as printed on it's body is Rs.55/-(MRP) only. The Complainant has alleged that the O.P. had charged extra amount of Rs.333/- from the Complainant. On 06/07/2019 the Complainant lodged a formal complaint about it with the customer care of the O.P.  At that time the complainant was told that the O.P. was ready to take back the article from the Complainant. As there was no further action from the O.P. side the Complainant again filed a written complaint with the Chief Executive Officer of the O.P. through E-mail. In response to the E-mail one delivery boy of the O.P. met the Complainant on 28/07/2019. The Complainant has alleged in his complaint that the O.P. had fraud him by not sending him the product that was shown on the website which was also booked by him and that instead of sending that product, the Complainant has been given supply of a different product having MRP of Rs.55/- whereas the O.P. had collected Rs.437/- including delivery charge of Rs.49/- from the Complainant.

Being aggrieved and dissatisfied with the conduct of the O.P., the Complainant has filed the instant complaint before this Forum claiming Rs.333/- being the excess amount paid by him to the O.P. against the charger light and Rs.50,000/-  as compensation for causing mental harassment and agony along with litigation costs.    

Hence this case.

 

2.   In due course of time notice was duly sent to the O.P. But notice could not be served. The O.P. was reported to have been left the address to which the notice was sent. As directed by the Forum the Complainant furnished fresh address of the O.P. This Forum accordingly issued fresh notice to the O.P. as per new address. After receipt of the notice the O.P. appeared through his engaged Advocate. As the O.P. has failed to submit W.O. within 45 days, this Forum by order dated 16/12/2019 in compliance with the section 13(2) of the Consumer Protection Act, 1986 has directed that case be proceeded exparte against the O.P.          

EVIDENCE ADDUCE BY THE PARTIES:-

 

 

3. The Complainant examined himself as PW-I and submitted his examination in chief by way of affidavit. He has produced 06 documents. The documents on identification have been marked as Exhibit – 1 Series. The complainant was not cross examined by the O.P. side.

            The O.P. side did not adduce any documentary evidence to controvert the case of the Complainant on the point of law.   

 

4. Now it is to be adjudicate as to whether the Complainant has proved his case against the O.P. 

      We have heard arguments from the side of the Complainant and also from the O.P. side. 

We have carefully gone through the complaint and the Exhibited documents of the Complainant. 

It is evident from the case record that the Complainant             booked with the O.P. one charger light(Mitaki 7W Emergency Light RL 7A Blue) through online vide order Id:29608303255 and Sub order Id: 35174361345. According to the Complainant at the time of booking the item the price of the product was Rs.388/- and the delivery charge fixed at Rs.49/-. Thus the Complainant paid Rs.437/- in total. The payment was made in cash on delivery on 05/07/2019 of the item at Kamalghat Bazar, Near ICFAI University, Tripura, Mohanpur, West Tripura. After opening the packet / parcel the Complainant found that actual price of the product i.e. the charger light as printed on it's body is Rs.55/-(MRP) only. The Complainant has alleged that the O.P. had charged extra amount of Rs.333/- from the Complainant. He accordingly on 06/07/2019 lodged a formal complaint about it with the customer care of the O.P.  At that time the complainant was told that the O.P. was ready to take back the article from the Complainant. As there was no further action from the O.P. side the Complainant again filed a written complaint with the Chief Executive Officer of the O.P. through E-mail. In response to the E-mail one delivery boy of the O.P. met the Complainant on 28/07/2019. The Complainant has alleged that the O.P. had cheated him by not sending him the product that was shown on the website which was also booked by him and that instead of sending that product, the Complainant has been given supply of a different product having MRP of Rs.55/- whereas the O.P. had collected Rs.437/- including delivery charge of Rs.49/- from the Complainant. 

We find that the O.P. did not contest the complaint. Thus, the O.P. virtually has admitted the claim of the Complainant.  

We are satisfied that the O.P. has indulged in unfair trade practices against the Complainant. The Complainant according to us has succeeded in establishing his case U/S 12 of the Consumer Protection Act, 1986 against the O.P. 

We according find the O.P. guilty of committing unfair trade practices against the Complainant. The Complainant as such is entitled to get compensation from the O.P.

 

 

5. In the result, we direct the O.P. to refund Rs.333/-  being the access amount charged by the O.P. against the charger light that was delivered to the Complainant.  We also direct the O.P. to pay Rs.3,000/- as compensation for causing mental agony and harassment apart from litigation cost of Rs.2,000/-.  The Complainant is thus entitled to get in total Rs.5,333/-(Rs.333/- + Rs.3,000/- + Rs.2,000/- ) from the O.P. The payment is to be made within 2 months from the date of judgment, if not, it will carry interest @ 9% P.A. till the payment is made in full.

 

    Announced.

 

SRI  BAMDEB  MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI  UMESH  DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.

 

SMT. DR  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA