DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.165 of 17
DATE OF INSTITUTION: - 23-11.2017
DATE OF ORDER: 08-03-2017
Suresh Kumar aged 41 years son of Shri Hari Singh, resident of village Umravat presently living near Lohdi Petrol Pump Bala Ji Ka Mandir, Bhiwani.
……………Complainant.
VERSUS
Datawind Innovations Pvt. Ltd. ASR, SCO 94, Opp. Gurur Nanak Bhawan, City Centre, Amritsar.
Ecom Express Pvt. Ltd. Branch Naya Bazar, Bhiwani.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President.
Smt. Sudesh, Member.
Present:- Complainant in person.
OP exparte.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that he had purchased a Tab from the OP no. 1 for a consideration of Rs. 3400/- which was received by him through courier on 26.10.2017. It is alleged that the complainant paid Rs. 3400/- to the courier agent and got the parcel of Tab. It is further alleged that on opening of the parcel he found that the tab was in broken condition and the accessories were not complete. It is further alleged that the complainant made repeated requests to the OP telephonically. It is alleged that after repeated complaints, the complainant received a key board on 8.11.2017. It is alleged that the company is liable to deliver the amount and also liable to pay the compensation to the complainant. The complainant further alleged that due to the act and conduct of the OPs he has to suffer mental agony and financial loss. Hence this complaint.
2. OP has failed to come present. Hence he was proceeded against exparte vide order dated 18.01.2018.
3. In order to make out his case, the complainant has tendered into evidence Annexure C-1 alongwith supporting affidavit.
4. We have gone through the record of the case carefully and have heard the complainant in person.
5. The complainant reiterated the contents of his complaint. He submitted that he had purchased a Tab from the OP no. 1 for a consideration of Rs. 3400/- which was received by him through courier on 26.10.2017. The complainant paid Rs. 3400/- to the courier agent and got the parcel of Tab. He submitted that on opening of the parcel he found that the tab was in broken condition and the accessories were not complete. The complainant made repeated requests to the OP telephonically. He submitted that after repeated complaints, the complainant received a key board on 8.11.2017. He submitted that the company is liable to deliver the amount and also liable to pay the compensation to the complainant.
6. The complainant in support of his contention has produced the envelop of the parcel containing the tax invoice dated 25.10.2017 and photo copy of tax invoice dated 8.11.2017 which have been issued by the OP in favour of the complainant. The complainant has not adduced any evidence regarding in his contention about the receipt of broken Tab in the parcel. The opposite party did not bother to appear and contest the complaint of the complainant. Keeping in view the facts and circumstances of the case, we partly allow the complaint of the complainant against the Datawind Innovations Pvt. Ltd. Datawind Innovations Pvt. Ltd is directed to refund Rs. 3400/- alongwith interest at the rate of 8 per cent per annum from the date of institution of the complaint till the date of payment to the complainant. The complainant shall also be liable to return the articles to the OP. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated:.08-03-2017. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Sudesh)
Member
