This is a complaint U/S 12 of Consumers Protection Act, 1986 filed by the petitioner/complainant Priyankar  Sharma where in it is contended inter-alia that on the basis of selling advertisement the complainant booked a low cost Tablet computer named as “Akash Tablet” to the O.P. No.1 through E-mail shopping and obtained a I.D. being no PM6F50F03644 at a price of Rs2,999/-(Rupees two thousand nine hundred ninety nine) only. The said amount of Rs2,999/-(Rupees two thousand nine hundred ninety nine) was paid by the complainant to the O.P No.1 by issuing cheque dated 03/05/’12 which was cleared on 15/05/’12 through the O.P. No.2 Axis Bank. On the basis of several correspondences made in between the complainant and the O.P. No.1, made through several processes, on which the O.PNo.1 was found reluctant to deliver the object in question and inspite of giving several undertaking while the O.P. No.1 did not refund the amount in question, without having any alternative way the complainant has been compelled to lodge this complaint for getting reliefs.

            The O.P. No.1 though send an application for dismissal of the complaint U/S 11(2) of C.P.Act. 1986 by sending the same through Post Office but as the O.P. No.1 was not legally represented to contest this, case, the case is disposed of with exparte hearing against the O.P. No.1.

            The O.P. No.2 contested this case by filing W/V wherein it is contended inter-alia that the contents in relation to payment of money in question by complainant through O.P No.2 is admitted. It is also contended there that as there was no cause of action against O.P. No.2 the case is liable to be dismissed against O.P No2.

            Under the above averment both points went on hearing with the following points:-

1)      Was there any deficiency in service of the O.P No.1?

2)      Was there any gross unfair trade practice of the O.P No1, resulting any loss of the complainant?

3)      Is the complainant entitled to get reliefs as sought for?

Decision with reasons

Points Nos. 1 to 3:-

All these points are taken up together for consideration for the sake of convenience in discussion as the same are interlinked & inter related

Admittedly, on the basis of the advertisement the complainant booked a ‘Akash Tablet’ a low cost tablet computer to the O.P No.1 through E-mail shopping, at the cost of Rs.2,999/-(Rupees two thousand nine hundred ninety nine)only. Admittedly, the said amount was paid infavour of O.P No.1 by account payee cheque issued by complainant which was encashed through O.P No.2 ‘Axis Bank’.

In course of hearing of argument advanced by the complainant and O.P. No.2 we got sufficient materials to opine that there was sufficient deficiency of service as well as gross unfair trade practice on the part of the O.P No.1 resulting in the loss of the complainant. That apart we found no material on record to rebut the contents of the complainant in relation to booking of a ‘Akash Tablet’ i.e. a low cost Tablet computer to the O.P No.1 and considering the conduct of the O.P No.1 we are of the view that there was sufficient deficiency, in service on the part of the O.P.No.1 Resultantly, we do hold that on the basis of the materials on record the complainant is entitled to get reliefs against the O.P.No.1 In this connection we would like to mention that as there is no cause of action against O.P.No.2, the complainant is not entitled to get any reliefs from OP.No.2.

In this circumstances the case succeeds in part.

Hence, it is

O r d e r e d

That the C.C. No. 41/2013 under section 12 of the Consumer Protection Act1986 filed by the complainant Priyankar  Sharma be and the same is decreed on contest against the O.P.No.1 with cost of Rs.2,000/-(Rupees two thousand)only to be paid by the O.P.No.1 in favour of this complainant and the case is dismissed on contest against the O.P.No.2 without cost.

The O.P.No.1 is hereby directed to pay a sum of  Rs.20,000/-(Rupees twenty thousand) only  in favour of the complainant for deficiency in service and unfair trade practice

The O.P.No.1 is further directed to pay a sum of Rs.10,000/-/-(Rupees ten thousand) only in favour of the complainant for his harassment & mental agony.

The O.P.No.1 is directed to liquidate the said entire decretal amount in favour of the complainant within one month from this date, failing which the complainant will be at liberty to recover the entire decretal amount along with interest @10% P.A. on the decretal amount to be calculated on and from the date of filing of this case till recovery of the entire dues, by filing a separate proceedings against the O.P.No.1 as per provision of law.