DATE OF FILING : 21.2.2017

IN THE CONSUMER DISPUTES  REDRESSAL FORUM, IDUKKI

Dated this the  30th  day of  May, 2017

Present :

SRI. S. GOPAKUMAR PRESIDENT

          SRI. BENNY. K. MEMBER

CC NO.37/2017

Between

Complainant       :    Mohammed Sadique Karuthedath,

Govt. Engineering College,  Idukki.

Residing at

Karuthedathu House,

Cheroor P.O.,

Vengara, Malappuram. 

And

Opposite Party                                          :     eBay India Pvt. Ltd.,

14th Floor, North Block,

R-Tech Park,

Western Express Highway,

Gurgaon East, 

Mumbai – 400 063,

Maharashtra.

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

 

Case of the complainant is that,

 

Complainant booked an Iphone 6 mobile phone through online marketing site E-bay.  For that purpose, he contacted the mobile number provided in the E-bay site through whattsapp application and enquired the details.  When he asked about seller ID, the person who introduced as Prem Raj Thakur, send his voter ID instead of seller ID.  As per his demand, the complainant transferred an amount of Rs.19,000/- to the personal account of the above said seller on 14.2.2017, through paytm account No.763910318.  But unfortunately even after accepting the amount of Rs.19000/-, the complainant had not received any iphone as the opposite party promised and advertised through their purchasing site.  The complainant tried so many times to contact the above said seller, but all his efforts are ended in vein.  Hence he approached this Forum alleging unfair trade practice against the opposite party and filed this complaint for getting the relief such as to realise the amount which he was transferred to the opposite party's account along with other consequential reliefs.

 

   (cont....2)

-  2  - 

Notice issued to the opposite parties.  Eventhough the notice from the Forum was accepted by the opposite party, they failed to appear before the Forum and defend the case.  Hence opposite party set exparte.

 

The point for consideration is whether there is any deficiency in service from the part of opposite party, and if so, for what relief the complainant is entitled to ?

 

No oral evidence adduced by the complainant and Ext.P1(series) marked.  

 

The POINT :-  Along with the complaint, the complainant produced the details of money transferred to the account of opposite party and the screen shots of mobile messages are marked as Ext.P1(series).

 

On going through the complainant's averements and exhibits, the Forum is of a considered view that by attracting the advertisement published by the opposite party through social media, complainant happened to transfer an amount of Rs.19000/- to the online seller with the utmost belief that, E-bay India Ltd is a trustworthy online business group.  But the opposite party miserably failed to extend their service to the complainant and moreover the act of the opposite party is sheer unfair trade practice.

 

Hence the Forum directs the opposite party to pay back an amount of Rs.19000/- to the complainant along with Rs.5000/- as compensation and Rs.3000/- as litigation cost, within 30 days of receipt of a copy of this order, failing which the said amount shall carry 12% interest per annum from the date of default.

 

            Pronounced in the Open Forum on this the  30th day of May, 2017

          Sd/-

  SRI. S. GOPAKUMAR,PRESIDENT

  Sd/-

          SRI. BENNY. K., MEMBER

 

Appendix:

Ext.P1(series) :   screen shots of mobile messages

 

            Forwarded by Order,

 

 

     SENIOR SUPERINTENDENT