By: Smt. Mini Mathew, Member
1. The case of the complainant in brief is that he had ordered a Laptop battery and key board on 11-3-2014 through E – bay online site and he received those items within 4 days form the date of booking. Since the charge could not be retained in the battery, the battery was sent through courier of the opposite party at Malappuram to Mr. Raju K. Sharma, 1017B, Jyothi Building, E.E.Nehru Place, New Delhi 19, New Delhi, 110019 on 24-3-14 as per the instructions of E-bay online site. But the said battery was not delivered to the addressee. As per the warranty condition of the battery if it is not delivered to the addressee within a week the warranty will stand rejected. Since the battery was not delivered the complainant contacted the opposite party on so many occasions, but there was no positive answer from the opposite party. Till the filing of the complaint the battery is not delivered to the addresee therefore this complainant approached this Forum for getting the value of the battery, compensation for mental agony suffered by him along with cost of this proceedings.
2. Even though notice was served to opposite party, he did not appear before this Forum. The name of the opposite party was called and set exparte. The complainant is examined as Pw1 and documents marked as Ext. A1, A2 series and Ext. A3. No contra evidence was adduced on the side of the opposite party.
3. The complainant is a consumer and there has been chronic latches and deficiency on the part of the opposite party. The complainant approached the opposite party and entrusted the battery to the opposite party's office under the bonafide belief that it would be delivered to the addresee within a reasonable time without any delay. But all are in vain. The opposite party has to compensate the complainant for the actual loss sustained by him. The act of the opposite party made the complainant much difficulty and hardships. The consumer of such an establishment should not be put to difficulties.
Therefore, we, hereby order that the opposite party shall pay Rs.1595/- as the price of the laptop battery along with a compensation of Rs.2000/- to the complainant with in one month of the receipt of the copy of this order.
Dated this 18th day of August , 2014
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K.MOHAMMED ALI , PRESIDENT
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R.K.MADANAVALLY , MEMBER
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MINI MATHEW, MEMBER
