Delhi

East Delhi

CC/56/2018

NEERAJ KUMAR - Complainant(s)

Versus

D.S.S. MARKETING - Opp.Party(s)

02 Dec 2019

ORDER

                         CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer Complaint no.             56/2018

                                                                                                  Date of Institution                   24/02/2018

                                                                                                  Order Reserved on                  02/12/2019

                                                                                                  Date of Order                           03/12/2019  In matter of

Mr. Neeraj Kumar

s/o Late Sh Jai Prakash       

R/o  X/1711, Gali no. 17, Rajgarh Colony   

Gandhi Nagar, Delhi 110031…………………..…………….Complainant

                                                                   

                                                                     Vs

1 M/s  D.S.S. Marketing    

A 149, sec. 10

Noida, 201301………………………………………..…..……….Opponent

 

Complainant Advocate-                    Mr Neeraj Kumar

Opponent                                            Ex Parte

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari              Member  

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case                               

Complainant purchased mobile from OP/ DSS Marketing an online Portal vide model S707 SKY IMEI no. 911574460246824 vide bill no 814 on dated 01/12/2017 for a sum of Rs 2600/- having one year standard warranty (Ex CW1/1) on the basis of news paper advertisement where specifications were very good (Ex CW1/1A). The same handset was delivered to the complainant at his house. It was stated that on operating hand set, it was shown having very different specifications as 16.7MB ROM and 212.66 MB Ram against 16GB ROM and 2GB Ram. Even dual cameras were also not properly functioning, so complaint on mobile no 9278200500, but seller did not get any response properly (Ex CW1/2), so a written complaint was given to OP stating defective mobile was sold so OP to replace handset of advertised specification or refund the cost of mobile Rs 2600/- with compensation Rs 50,000/-.

When no response was received from OP, filed this complaint.

Despite of serving notice, OP did not appear so proceeded ex-parte. Complainant filed ex Parte evidences on affidavit. Taken on record as evidences were not controverter and presumed to be true and prayed for allowing his complaint. To establish that his hand set was not of proper specification as advertised by OP, filed expert opinion (Ex CW1/4) so taken on record.          

Arguments were heard from the counsel of complainant as OP did not put his appearance on the date of argument. After perusal of the material and evidences on record, order was reserved.  

We have gone through all the facts and evidences on record. It has been observed that complainant has purchased said mobile from OP on the basis of news paper advertisement, but expert opinion showed that the said handset was of very inferior specification contrary to advertisement. This proves that OP used false advertisement for gaining consideration for himself illegally, so OP adopted under unfair trade practice.

That being so, we come to the conclusion that said the said complaint has merit and we allow the complaint and  direct OP to replace new handset of same specification as advertised within 30 days from receiving order. We also award compensation a sum of Rs 10,000/- for causing mental agony to complainant for adopting unfair trade practice by giving misleading advertisement. The entire awarded amount will be paid in the time essence. Failing to comply, interest of 9% shall be applicable till realized.    

The first free copy of this order be sent to the parties as per the Section 18 (6) of the Consumer Protection Regulation, 2005 (in short CPR) in 15 days from the date of order and file be consigned to the Record Room under Section 20 (1) of CPR.

 

(Dr) P N Tiwari –Member                                                                      Mrs Harpreet Kaur – Member

 

                                                             Sukhdev Singh  President