Delhi

New Delhi

CC/129/2016

Gurvinder Singh - Complainant(s)

Versus

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

30 Nov 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

 NEW DELHI-110001

 

Case No.C.C./129/2016                                                                                                             Dated:

In the matter of:

Mr. Gurvinder Singh

R/o 10B LIG Flat,

Madhuban Enclave,

Rohtak Road,

New Delhi-110063

          ……..COMPLAINANT

VERSUS

  1.   The Managing Director,

        Ebay India Pvt. Ltd.

        A Wing 148, 6^th Floor,

        Statesman House,

        Barakhamba Road,

        New Delhi-110001.

 

2.     The Managing Director,

        Ebay India Pvt. Ltd.

        14^th Floor, North Block,

        R-Tech Park,

        Western Express Highway,

        Gorgegaon(East),

        Mumbai 400063,

        Maharashtra (India).

 

3.     Mr. Vishnu Prabhu Tendulkar,

        13,Matru Chaya Shrirang Society Road,

        OPP Hotel Abhiruchi,

        Above Axis Bank ATM,

        Thane West-400601.

                                                                                    .... OPPOSITE PARTY

 

MEMBER : NIPUR CHANDNA

 

ORDER

Complainant purchased apple I-Phone from OP online model -6S Plus, Colour- Rose Gold, Capacity- 64 GB vide E-Bay item No. 161935456939 on 03.01.16 and paid a sum of Rs. 55,000/- which was duly acknowledged by the OP.

        It is alleged by the complainant that he received I-Phone on 08/01/16. When he opened the box he found that, he had received Apple I-Phone 6S Rose Gold 64 GB Model instead of Apple I-Phone 6Plus Rose Gold 64 GB, the OP even did not send him the bill of the ordered I-Phone, which was very necessary and required for registration of complaint as well as for getting warranty of the phone, and insurance of the I-Phone.

        It is alleged by the complainant that after receiving the wrong product, he immediately lodged the complaint and demanded the exact model as ordered. Complainant was given claim ID No. 160784 on 11.01.16. OP 2 asked the complainant to click on the picture of external packing of I-phone and I-phone picture showing that the model sent is not of the order placed and asked the complainant to ship the I-Phone to the seller.

        It is alleged by the complainant that he requested OP-2 to pick up the alleged I-Phone as the seller may manhandle it, but the OP failed to do so. Complainant wrote various letters and e-mails to the OP for replacing the alleged phone, but all in vain.

        Complainant ,therefore, approached this Forum for the redressal of his grievance.

        Notice of the complaint was sent to the OPs through Regd. AD Post, since none appeared on behalf of OPs , they were ordered to proceeded with ex-parte.

        Complainant had filed his ex-parte evidence by way of affidavit wherein he has corroborated the contents of his complaint.

        We have heard ex-parte arguments advanced at the bar and have perused the record.

        Complainant has placed on record the copies of E-mail exchanged between the parties, as well as copies of letters sent to the OPs along with the postal receipts in support of his case.

        From the unrebutted testimony of the complainant as well as the documents placed on record, we are convinced that the story put forth by the complainant is true.

        Bare perusal of the documents attached with the complaint make it clear that the complainant had purchased the product from OP, but the OP had failed to delivered the product for which the payment was made by him. OP vide its E-mail dt. 8^th January, 2016 wrote a regret letter and assured the complainant to satisfy his claim, but despite giving assurance OP failed to resolve the complaint of the complainant.

        This act of OP amounts to deficiency in service, we therefore, hold OP liable for deficiency in service and direct it as under :-

 

1. To provide to the complainant  Apple I-Phone 6Plus Rose Gold 64 GB or an upgraded model of the same within 30 days of the receipt of the order. If the OP fails to do so, OP shall pay to the complainant a sum of Rs.55,000/- (cost of mobile phone paid by complainant) alongwith 10% simple interest from the date of filing of complaint till payment; and
2.  Pay to the complainant a sum of Rs. 5000/- for pain and mental agony    suffered by him which will also include cost of litigation.
3. The complainant is directed to return the mobile phone (Apple I-Phone 6S Rose Gold 64 GB Model) to the OP within 15 days of the receipt of this order.

 

 

If the said amount of Rs.5000/- is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount . This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

 

     File be consigned to record room.

     Pronounced in open Forum on ................

 

 

 

(S K SARVARIA)

 PRESIDENT

 

 

 

                                        (H M VYAS)                                     (NIPUR CHANDNA)

                                         MEMBER                                                  MEMBER