Tamil Nadu

North Chennai

CC/107/2017

Pushpendra Singh,S/o.Shishpal singh - Complainant(s)

Versus

Cromala Tata Enterprise Rep by its Chief Executive Office - Opp.Party(s)

party in person

06 Dec 2017

ORDER

 

                                                            Complaint presented on:  19.07.2017

                                                                Order pronounced on:  06.12.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

WEDNESDAY  THE 06^th  DAY OF DECEMBER 2017

 

C.C.NO.107/2017

 

 

Pushpendra Singh,

Son of Shishpal Singh,

2^nd Floor, 16/38,

Periya Thambi Main Street,

Kasemode, Royapuram,

Chennai – 600 013.

Mobile: 94449 76563

                                                                                    ….. Complainant

 

..Vs..

Croma (A TATA Enterprise),

Rep by its Chief Executive Officer,

Infiniti Retail Limited,

Unit No.701 & 702, 7^th Floor,

Kaledonia, Sahar Road,

Andheri East,

Mumbai 400 069.

Phone: 022 – 6761 3600

.....Opposite Party

Date of complaint                                 : 11.08.2017

Counsel for Complainant                      : Party in Person

Counsel for Opposite Party                      : Ex- parte (17.10.2017)

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the opposite party to deliver the ordered Lenovo Laptop and also communication expenses and pass such further orders u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant placed an order for a Lenovo Laptop through online to the opposite party on 12.06.2017 and also made full payment of Rs.56,268/- by using his ICICI  Account through Net Banking. As per the schedule the Laptop has to be delivered to the complainant within 7 working days. The same was not delivered within the above stipulated time. The complainant contacted the customer care of the opposite party on 17.06.2017 at 17:55 hours. A call connected to Ms.Supriya and she also informed that the delivery team works up to 21 hours and she asked him to wait till the end of the day. Again on 18.06.2017 at 10:02 hours the complainant contacted the customer care and his call was connected to Mr. Ranjan, he assured that the delivery team will call the complainant soon. However, they did not call as assured to him. Further on 19.06.2017 and 20.06.2017 complainant called the customer care and they did not arrange to deliver the Lenovo Laptop as ordered. On 23.06.2016 the complainant contacted Mumbai Head Office and they informed him that he will get a call within 24 hours regarding update of delivery. He did not get any call on 27.06.2017. The complainant called the opposite party customer care and one Mr.Aashish also told that he will get an update.

2. On 28.06.2017 the opposite party executive called the complainant and informed him to choose Dell Inspiron 3567 Laptop. However, the complainant informed him that he wanted only the Lenovo Laptop which he has ordered. Again on the same day 19:38 hours the complainant contacted Mr.Joshi  and his call was connected to Mr. T.Dinesh and he informed to the complainant that  he will arrange call back on 29.06.2017. On 29.06.2017 the complainant called the opposite party customer care and he was connected to Mr.Sohaib, Mr.Mahesh, and Mr.Michael, on different timings and however they have not given satisfactory reply to the complainant.  There were exchange of mails between the complainant and the opposite party from 18.06.2017 to 29.06.2017 and also sent a reminder on 04.07.2017. However, the opposite party has not supplied the Lenovo Laptop ordered by the complainant and hence the opposite party committed deficiency in service. Hence the complainant filed this complaint to direct the opposite party to deliver the ordered Lenovo Laptop and also communication expenses and pass such further orders.

3. Though the Opposite Party received notice to appear before this Forum on 17.10.2017 hearing, he did not appear and hence he was set ex –parte.              

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

 

 

 

5. POINT NO :1 

          The complainant placed an order through online with the opposite party on 12.06.2011 to deliver a Lenovo Laptop (Model – Lenovo IP510 15 FEIH i77G 8GB4X 2 TB) and also he made payment of Rs.56,268/- through net banking towards the cost of the Laptop on the same transactions. Ex.A1 invoice raised by the opposite party for booking the Laptop and also for the receipt of the above payment. The opposite party expected to deliver the product within 7 days from the date of booking. However the same was not delivered. Hence, the complainant sent Ex.A2 mail on 18.06.2017 that the product was not delivered and also to look into the matter to deliver without further delay. The complainant also contacted the opposite party through his customer care on 07.06.2017 and 18.06.2017 to 21.06.2017 daily and spoke to various persons Ms. Supriya, Mr.Ranjan, Mr.Hasim, Mr.Sajeev, Ms.Nandita, T.Dinesh, Mr.Sai Naidu and Ms.Poonam and however no one arranged to deliver the product. They simply said we will arrange and net result nothing was done by them.

6.  On 23.06.2012 the complainant contacted Mumbai Head Office and they informed that he will get a call within 24 hours. As said he did not receive any call from them. Again on 27.06.2017 he contacted Mr.Aashish and he replied that he should wait for 24 hours to get an update. On 28.06.2017 the opposite party executive asked the complainant to choose Dell Inspiron 3567 Laptop instead of the Laptop booked by him. They said request was rejected by the complainant. Again on 29.06.2015 he received a same request from the opposite party that was also rejected by the complainant.  

7. According to the complainant the opposite party having accepted the booking for Lenovo Laptop and also received the payment as per Ex.A1 and requesting the complainant to choose some other brand  Laptop is  an unfair trade practice  and deficiency on the part of the opposite party.  There were exchange of mails Ex.A2 to Ex.A20 between the complainant and the opposite party from 18.06.2017 to 29.06.2017 and also the complainant sent Ex.A21 reminder on 04.07.2017. In none of the replies the opposite party assured for the delivery of the product.    The opposite party customer care persons are also simply said that they will contact in few hours and however they did not contact and thereby harassed the complainant. The opposite party has not delivered the product till the date of the filing of this complaint. The opposite party remained Ex-parte. Therefore, as contended by the complainant accepting the booking for a particular brand Laptop and requesting the complainant to choose some other brand Laptop even after receiving entire cost of the product, we hold that the opposite party as committed deficiency in service.  

08. POINT NO:2

          During oral arguments the complainant fairly admitted that after filing of the complainant on 24.07.2017 the opposite party refunded the amount paid to him. The complainant sought in the first prayer to deliver the Laptop which was ordered by him. Since, the Laptop cost was refunded to the complainant, the question of directing the opposite party to deliver the Laptop will not arise.

          09. The complainant specifically argued that though the amount was refunded to him after filing this complaint, the opposite party enjoyed his money for more than one month and he had suffered  with  inconvenience  and mental agony  due to non-availability of Laptop and further argued that though he  had not asked for compensation specifically in the complaint, he prayed in para 15(c) that this Forum can pass such further or other orders as this Forum deems fit in the circumstances of the case in respect of the compensation also.  As argued by the complainant there a prayer available. The complainant booked Laptop on 12.06.2017 and filed this complaint in this Forum on 19.07.2017 and the opposite party refunded the amount on 24.07.2017. Therefore, the opposite party retained the complainant’s money with them for more than 40 days. During such period, the complainant made several mails to the opposite party and also spoke to opposite party persons caused mental agony to him is accepted and for the same compensation can be awarded to the complainant in the interest of justice. Therefore, we inclined to order a sum of Rs.25,000/- towards compensation for mental agony, besides a sum of Rs.5,000/- towards litigation expenses. The complaint in respect of the other relief is liable to be dismissed

          In the result the Complaint is partly allowed. The Opposite Party is ordered to pay  a sum of Rs. 25,000/- (Rupees twenty five thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses. The complaint in  respect of the other relief is dismissed.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 06^th day of December 2017.

 

MEMBER – I                                                                PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 12.06.2017                   Copy of the invoice

Ex.A2 dated 18.06.2017                   Copy of mail sent by complainant to opposite party Ex.A3 dated 18.06.2017                   Copy of mail sent by complainant to opposite party

Ex.A4dated 19.06.2017          Copy of mail sent by complainant to opposite party

Ex.A5 dated 19.06.2017                   Copy of mail sent by complainant to opposite party

Ex.A6 dated 20.06.2017                   Copy of mail sent by complainant to opposite party

Ex.A7 dated 20.06.2017                   Copy of mail sent by complainant to opposite party

Ex.A8 dated 20.06.2017                   Copy of mail sent by complainant to opposite party

Ex.A9 dated 21.06.2017                   Copy of mail sent by opposite party to complainant

Ex.A10 dated 21.06.2017                 Copy of mail sent by complainant to opposite party

Ex.A11 dated 22.06.2017                 Copy of mail sent by opposite party to complainant

Ex.A12 dated 22.06.2017                 Copy of mail sent by complainant to opposite party

Ex.A13 dated 23.06.2017                 Copy of mail sent by opposite party to complainant

Ex.A14 dated 24.06.2017                 Copy of mail sent by complainant to opposite party

Ex.A15 dated 25.06.2017                 Copy of mail sent by opposite party to complainant

Ex.A16 dated 26.06.2017                 Copy of mail sent by complainant to opposite party

Ex.A17 dated 27.06.2017                 Copy of mail sent by opposite party to complainant

Ex.A18 dated 27.06.2017                 Copy of mail sent by complainant to opposite party

Ex.19 dated 28.06.2017          Copy of mail sent by complainant to opposite party

Ex.A20 dated 29.06.2017                 Copy of mail sent by complainant to opposite party

Ex.A21 dated 04.07.2017                 Copy of Reminder letter sent by complainant to

                                                    opposite party

 

Ex.A22 dated 04.07.2017                 Recording CD of telecommunication complainant

                                                    had with opposite party customer care

    

Ex.A23 dated 04.07.2017                 Copy of receipts of India Post for the registered

                                                     post sent to opposite party head office Mumbai,

                                                       Lenovo India Bangalore and President NCDRC

                                                    New Delhi

 

 

 

MEMBER – I                                                               PRESIDENT