West Bengal

Paschim Midnapore

CC/74/2016

Chandan Kumar Jana - Complainant(s)

Versus

Ebay India Private Ltd. - Opp.Party(s)

A.N.Maity

25 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President, Mrs. Debi Sengupta, Member

and  Kapot Chattopadhyay, Member.

   

Complaint Case No.74/2016

                                                        

                                        Chandan Kumar Jana………….…..….……Complainant.

Versus

 

                                        Ebay India Pvt.Ltd…...........…..Opp. Parties.

 

              For the Complainant:  S. Panda , Advocate.

              For the O.P.               : 

 

Decided on: - 25/11/2016

                               

ORDER

Kapot Chattopadhyay, Member– Complainant is present. Today is date fixed for delivery of judgement. Hd. Ld. Advocate and perused the documents. It appears from the record that the Ops. are avoiding their appearance despite having received the notice in due time. Thus there exists strong reasons to believe that the Ops. are willfully avoiding their appearance in the case Ld. Advocate for the Complainant filed relevant documents on the point of service of notice. In view of the present circumstances and the materials on record, there is no option but to hear the case ex-party. Accordingly, the case is heard and considered.

 

Complainant bought a Dell Laptop (DELL INSPIRON 5559-W560620TH Intel Core i7 6^th Generation 8GB/ 1TB/4 GB ,Graphic) on 30/03/2016 on eBAY which is an online shopping portal. My Paisa Pay ID was 42249756725). The deal was done with the payment of Rs. 28,500/- (Rs.26647.50 through SBI net banking + Rs. 1852.50/- as discount) through online payment from my end.

 

                                                                                                                                                                    Contd……………….P/2

                                                                            ( 2 )

 

The seller tachpark 1 asked for additional Rs. 3219/- from me as Entry Tax which I have also paid on the same day through online mode. This tax provision was also mentioned in the listing of the product on the web portal.

                                                                                                         

But for the next seven days they did not send the item. On 06/04/2016 I registered a complaint with the eBAY, my Claim ID was 1857949. They offered me two options-
                            (1) if I required the item or

 (2) if I wanted refund.

 

I opted for first choice. I wanted the laptop.   

                                                                                                    

On 13/04/2016, they sent me all email telling me that my request has been rejected and they will refund the money. I persisted that I do not accept refund, I only need the item for which I have paid. But they did not listen to me and even did not answered my emails after emails. Think a one sided decision they refund Rs. 26,647.50/- on 16/03/2016 to my bank account.

 

After that, I approached the National Consumer Forum Helpline to take up the issue.  They registered my complaint and provided an ID which is 681602. After listening the whole episode how Ebay cheated me they suggested me to write a letter directly to The Grievance Officer, Ebay India Private Limited.

 

Referring to a recent judgement of District Consumer Forum, Sangrur, Punjab and State Consumer Dispute Redressal Commission, Punjab they told me that it is a consumer's basic right to get the product for which he paid if he wish to take it rather than getting money back.

 

Due to Op. by making false advertisement with a provocation to supply the goods and also received amount in advance and also taking 28,500/- by reducing amount of 1852.50/- from received amount of Rs. 28,500/- by of refund of only Rs. 26,647.50/- which is caused unfair trade and practice and deficiency of service from the side of Op.

 

The such repudiation is illegal and there is from deficiency of service from the Op.      

         

                                                                                                                                                                              Contd……………….P/3

 

( 3 )

 

           The Complainant being a consumer is caused by the provision of the Consumer Protection Act     Under the given facts and circumstances and observation above this is a fit case hold that Complainant has proved the allegation of deficiency of service against the Op.   

                                                                                                     

                  Hence,

                             it is ordered,

                                                   that the Complaint Case is allowed ex-parte. The Op. is directed to supply booked Laptop and also directed to pay 10,000/- as compensation and further directed to pay litigation cost Rs. 2,000/- for expense and 2,000/- for mental pain agony and harassment cost within 30 days from this date of order in default the Complainant is liberty to proceed the matter before the Forum, in accordance with the provision of law in this behalf. 

 

      Dictated & Corrected by me

       Sd/- K.K.Chattopadhyay.                        Sd/- D. Sengupta.                     Sd/-B. Pramanik.               

                     Member                                           Member                                     President

                                                                                                                           District Forum

                                                                                                                        Paschim Medinipur