Order dictated by:
Mr.Anoop Sharma, Presiding Member
1. Waris Singh has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that complainant is minor and is filing the present complaint through his father Raminderjit Singh. On 14-4-2016 complainant booked HTC One M8, 32 GB in Gold 4G LTE android Smart Phone for an amount of Rs. 13,135/- with the opposite parties. On 18.4.2016 opposite party sent the courier and the complainant after making payment of the courier received the courier . When the complainant opened the parcel, he found that the mobile phone contained in the parcel is HTC One M7, 32 GB which was neither booked nor ordered by the complainant. The opposite party received the price of HTC One M8, 32 GB in Gold 4 G LTE android Smart Phone but delivered the old model i.e. HTC One M7, 32 GB. Thereafter the complainant immediately on 18.4.2016 made the telephone call to the opposite party No.1 and opposite party No.1 asked the complainant to send photos of the mobile phone received by the complainant. On 21.4.2016 photos were sent to the opposite party on their website. On 26.4.2016 complainant received an e-mail vide which the opposite party informed the complainant regarding the registration of the complaint number and complaint number was given as 1894080. On 2.5.2016 a message was received by the complainant from the opposite party that they have arranged pick up but no person came to collect the mobile phone . Again on 12.5.2016 complainant made the phone call to the opposite party and opposite party asked him to send the mobile through courier at the address of opposite party No.2 and also send the courier receipts to opposite party No.1. As such complainant sent the mobile through Blue Dart Courier to the opposite party vide receipt No. 046097 dated 14.5.2016 and paid the courier charges Rs. 2650/-. On 18.5.2016 complainant received a message from the opposite party that they have sent the replaced phone to the complainant. When after 3-4 days the complainant received the delivery and found that the camera of the said mobile is not in working condition. Complainant again made calls to the opposite parties but the opposite parties did not pick up the phone of the complainant. However, on 14.6.2016 opposite party No.1 picked up the mobile phone of the complainant and asked the complainant to send the mobile to the opposite party No.2 through courier and they will refund the price of the phone alongwith courier charges of both the times. As such complainant sent back the mobile phone to the opposite parties at the address of opposite party No.2 on 21.6.2016 through Blue Dart Courier vide Receipt No. 046773 and paid Rs. 2841/- as courier charges. On 23.6.2016 complainant enquired about the refund of the price and courier charges. The opposite party told the complainant that till date they have not received the receipts and assured the complainant that they will make the call to the complainant within 48 hrs to 72 hrs. When the complainant did not receive his money, he again made calls to the opposite parties, but the opposite parties did not give any response and till date the price as well as courier charges has not been refunded to the complainant. The complainant has sought for the following reliefs vide instant complaint:-
(a) Opposite parties be directed to refund the price of the mobile i.e. Rs. 13,135/- alongwith interest @ 24% p.a. from the date of payment till date of realization ;
(b) Opposite party be also directed to pay the amount of courier charges amounting to Rs. 5491/- alongwith interest @ 24% p.a.
(c ) Compensation to the tune of Rs. 50000/- alongwith litigation expenses to the tune of Rs. 5000/- be also awarded to the complainant.
Hence, this complaint.
2. Opposite parties did not put in appearance despite service, as such they were ordered to be proceeded against ex-parte.
3. In his bid to prove the case Sh. Raminderjit Singh has tendered into his ex-parte evidence his duly sworn affidavit Ex.C-1, copies of e-mails Ex.C-2 to Ex.C-14, copy of cash memo dated 21.6.2016 Ex.C-15, copy of cash memo dated 14.5.2016 Ex.C-16, coipy of courier receipts Ex.C-17 & Ex.C-18 and closed his evidence.
4. We have heard the representative of the complainant and have carefully gone through the record on the file.
5. From the appraisal of the evidence on record, it becomes evident that the complainant booked HTC One M8, 32 GB in Gold 4G LTE Smart Phone having value of Rs. 13,135/- on 14.4.2016. But the opposite party sent the mobile phone HTC One M7, 32 GB through courier on 18.4.2016, which was neither booked nor ordered by the complainant. The complainant immediately i.e. on the same day 18.4.2016 made the telephone call to the opposite party No.1 regarding the wrong delivery of the mobile phone. On 12.5.2016 complainant made the phone call to the opposite party and opposite party asked him to send the mobile through courier at the address of opposite party No.2 and also send the courier receipts to opposite party No.1. The complainant sent the mobile through Blue Dart Courier vide receipt No. 046097 dated 14.5.2016 and paid the courier charges Rs. 2650/-. Copy of courier receipt accounts for Ex.C-16 on record. It is further the case of the complainant that on 18.5.2016 complainant received a message from the opposite party that they have sent the replaced phone to the complainant. On receipt of the delivery of the mobile phone, complainant found that the camera of the said phone was not in working condition. On 14.6.2016 opposite party No.1 asked the complainant to send the mobile to the opposite party No.2 through courier and they will refund the price of the phone alongwith courier charges of both the times. The complainant sent back the mobile phone to the opposite parties at the address of opposite party No.2 on 21.6.2016 through Blue Dart Courier vide receipt No. 046773 and paid Rs. 2841/-, copy of courier receipt is Ex.C-15 on record. Thereafter complainant made several calls to the opposite parties to refund the price and courier charges but till date the price as well as courier charges have not been refunded to the complainant.
6. The evidence adduced by the complainant has gone unrebutted on record as opposite parties, despite service, did not opt to appear and contest the claim. The very fact that opposite parties have not put in appearance for contesting the claim, goes to show that opposite parties have impliedly admitted the claim of the complainant. Even otherwise also there is sufficient evidence on record that opposite parties have not refunded the price as well as courier charges to the complainant.
7. From the aforesaid discussion, it transpires that the opposite parties are under legal obligation to refund the price of the mobile phone i.e. Rs. 13,135/- as well as Rs.5491/- as courier charges to the complainant. The complaint stands allowed accordingly. Since the opposite parties are deficient in service , therefore, complainant is also entitled to receive Rs.2000/- on account of compensation besides litigation expenses are assessed at Rs. 1000/-. Compliance of this order be made within a period of 30 days from the date of passing of order ; failing which awarded amount shall carry interest @ 6% p.a. from the date of filing of the complaint until full and final recovery. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum . Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 24.1.2017
/R/ (Anoop Sharma)
Presiding Member
(Rachna Arora)
Member
