Delhi

East Delhi

CC/236/2014

HARI SJANKAR - Complainant(s)

Versus

D2H SHOP - Opp.Party(s)

05 May 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                                        CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

CC No.236/14:

In the Matter of :

Sh. Hari Shankar Rai, Advocate,

Ch.No.G-306, Kardardooma Court,

Shahdara, Delhi-110032

     Complainant

Vs

M/s D2H Shop

M/S MMI Online Limited

Okhla Industrial Estate,

11 basement, Phase-3,

New Delhi-110020

Respondent

                                                                                                 Date of Admission-28/03/2014

                                                                                                 Date of Order       - 28/05/2015

ORDER

 

Ms. Poonam Malhotra, Member:

            The present complaint has been filed by the complainant with the allegation that lured by the advertisement given by the respondent in the Newspaper “Dainik Jagran” dated 02/12/2012 with regard to Airtyme Flaunt Slider Mobile he booked a mobile which was advertised to be having 3.2 Mega Pixel camera and functions of FM, MP3, MP4, Bluetooth, 3G, etc. and it was delivered to him on 08/12/2012 against Invoice No.100047848 dated 06/12/2012. It is alleged by the complainant that after one week when he started using the Mobile, his friend pointed out to him that the camera of the said handset was only of 3.0 Mega Pixel instead of 3.2 Mega Pixel and it was not having the function of FM. The complainant verified these facts from the carton in which the handset was delivered to him. Despite reporting the matter to the Customer Care Centre of the respondent, their specific admission to the extent that the handset in question was not having the function of the FM in their reply dated 13/06/2013 to the legal notice served upon them by the complainant and their offer to refund the Invoice Amount they have not redressed his grievance till date. The complainant alleges to have been cheated by the respondent, alleging deficiency in service and unfair trade practice on the part of the respondent. The complainant has prayed for compensation of Rs.4 lakhs, Rs.50,000/- for loss in business and Rs.31,000/- towards cost of litigation together with penal interest @ 18%p.a. till the entire amount is realized.

            Notices were served upon the respondent but none put appearance on its behalf and case proceeded exparte against it.

Evidence by way to affidavit filed by the complainant in support of his case has not been controverted.

            Heard and perused the record.

            On thorough scrutiny of record, it has come to light that the respondent had admitted in its reply dated 13/06/2013to the legal notice of the complainant the fact that the handset in question was not equipped with the FM function but it was silent with regard to the configuration of the camera installed in the handset. In the said letter the respondent had also offered to refund the entire Invoice Amount of Rs. 2,999/- and to take back the used handset and had further offered the complainant Aux Sunglasses, Martin Polo Watch, or Memory Card as compensation but the complainant declined to accept the said offer. It is explicitly mentioned in the said letter dated 13/06/2013 that it was print mistake at their end and they acknowledged it.  Had the mistake been due to inadvertence, the respondent in its letter dated 13/06/2013 would have admitted both the issues raised by the complainant and would have conveyed its gratitude for bringing these facts to its knowledge besides intimating him of the steps taken by it in this regard.  In the absence of any convincing evidence reflecting the steps taken by the respondent to rectify its alleged mistake, merely accepting it will not suffice.  The offers made by the respondent were in fact only a crafty move to hush-up the matter when in reality it had no intention to rectify its alleged mistake. The respondent had indulged in malpractice for promoting its sale by deceiving the public at large through Print Media by falsely representing that the mobile handset in question was equipped with a camera of 3.2 mega pixel and was having the FM function when in reality it did not have them and the unfair trade practice adopted by the respondent certainly falls within the ambit of the The Consumer Protection Act, 1986.

Since in the case in hand, it is specifically stated by the complainant that he is an advocate by profession, in the absence of any cogent evidence in support of his allegation it is hard to believe that he has suffered loss in business to the extent of Rs.50,000/- due to the present dispute and as such the allegation made by the complainant cannot be accepted.

In the case in hand the allegations made in the complaint and reaffirmed on oath by the complainant have not been controverted by the respondent.   It is a settled position of law that uncontroverted evidence cannot be disbelieved and there is no reason for us to disbelieve the uncontroverted averments made by the complainant.

Taking above facts and circumstances into consideration, we arrive in the conclusion that the respondent is guilty of unfair trade practice. We direct the respondent to pay Rs.5,000/- to the complainant towards the compensation, and cost of litigation. Failure to pay the said amount within 45 days from the date to this order, the respondent shall be liable to pay interest @ 9% p.a. on the said amount till it is finally paid.  it is significant to mention here that no one can use these Forums to extort money for unjust enrichment. But since this case affects the public at large as the respondent has used the print media for luring the consumers we impose punitive damages of Rs.20,000/- to be deposited by the respondent in the Consumer Legal Aid Account within 45 days from the date to this order as a deterrent to the unfair trade practice adopted by the respondent and to vindicate the strength of law.

            Copy of the order be supplied to the parties as per rule

 

(Subhash Gupta)                           (Poonam Malhotra)        (N.A.Zaidi)                                                                                                         Member                                          Member                            President