BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.197 of 2015
Date of institution: 30.04.2015
Date of Decision: 05.08.2015
Asif Razak Lone, resident of House No.1028, Phase-7, Mohali.
……..Complainant
Versus
EBAY India Pvt. Ltd., 14th Floor, North Block, R-Tech Park, Western Express Highway, Goregaon (East), Mumbai 400063 India.
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
ARGUMENTS HEARD AND DECIDED BY
Shri Amrinder Singh Sidhu, Presiding Member
Mrs. R.K. Aulakh, Member.
Present: Complainant in person.
Opposite Party Ex-parte.
(Amrinder Singh Sidhu, Presiding Member)
ORDER
The complainant has filed the present complaint on 30.04.2015 pleading that on 5th December, 2014 he purchased one Sony Xperia C3 dual Sim phone under paisa pay id 38557039814 and the same product was delivered through bluedart courier service on 10th February, 2015. The phone was defective as it has software and camera problems and the matter was immediately reported to the Ebay and on OP’s demand complainant reshipped that product to OP and provided the POD. OP acknowledged receipt of product and assured the complainant to resolve his claim. Complainant kept on sending e-mails and phone calls but the OP did not refund the amount by way of demand draft despite promise by OP. OP kept on delaying the refund despite repeated requests of the complainant. The complainant had to leave his rented residence on 31st March, 2015 but due to repeated promise of OP that demand draft will be shipped to the address of complainant within days, complainant had to pay the rent of that month of Rs.20,000/- because of negligence of OP. The complainant filed the present complaint on 30.04.2015. Lastly the complainant prayed to this Forum to direct to the OP to:
(a) refund to the complainant Rs.14,820/- alongwith Rs.25,000/- cost which he incurred on rent for the month awaiting demand draft of refund amount.
(b) pay him Rs.20,000/- towards physical strain and mental agony suffered by the complainant and his family members.
(c) pay him Rs.1,000/- towards costs of litigation expenses.
2. On 23.06.2015 the OP was proceeded against exparte because the OP omitted/failed to appear and file its written version to the complaint despite service of notice upon it.
3. The complainant placed on record his affidavit Exb.CW-1/1 and tendered in evidence documents Exb.C-1 to C-5.
4. We have heard the complainant and have also gone through the file.
5. In the present complaint the complainant paid Rs.14,820/- to the OP for the purchase of one Sony Xperia C3 dual sim phone under paise pay id 38557039814 on 5th December, 2014. Therefore, the complainant is a consumer of the OP as he purchased good from OP for consideration. This Forum has jurisdiction to try and adjudicate upon this complaint because the complainant has purchased the product on line through internet within the local limits of the jurisdiction of District of Sahibzada Ajit Singh Nagar (Mohali). Further he received the defective product within this District and, therefore, the cause of action arose within the territorial jurisdiction of this Forum. He received the defective product and returned the same to the OP. OP did not refund the amount of Rs.14,820/- in time and complainant has to file the present complaint on 30.04.2015. During the pendency of the complaint, complainant received an amount of Rs.14,820/- on 07.05.2015 vide demand draft No.964759 sent by the OP under protest without prejudice to his claim. Therefore, prayer clause for the refund of amount has become infructuous as he received the amount. Further complainant demanded Rs.20,000/- as he has to bear rent expenses for month of April, 2015 due to repeated promise of OP that demand draft will be sent to that rented address of the complainant which he otherwise would have changed. This demand of the complainant cannot be fulfilled because if complainant has paid rent of Rs.20,000/- then he also used the rented premises. Further the complainant did not produce any document on record that proves that he has paid additional rent of Rs.20,000/-. The only issue remained for our consideration is that OP did refund the amount untill complainant filed the present complaint. Before filing the present complaint, complainant made several requests to the Op through e-mail and phone calls. The OP received amount from the complainant on 05.12.2014 but refunded the amount to the complainant on 07.05.2015. Complainant remained harassed and upset during this period for the act and conduct of the OP i.e. for supplying defective good and further omission of act and conduct of OP i.e. for not refunding the amount in time. So OP committed deficiency in service and remained negligent for not redressing the grievance of the complainant in time. Therefore, complainant is entitled to compensation for negligence committed by the OP.
6. In view of above mentioned reasons the complaint is allowed and the OP namely
EBAY India Pvt. Ltd., 14th Floor, North Block, R-Tech Park, Western Express Highway, Goregaon (East), Mumbai 400063 India.
is held liable and is directed to:-
(a) pay to the complainant Rs.5,000/- (Rs. Five thousand only) for harassment and mental agony.
(b) pay to the complainant Rs.1,000/- (Rs. One thousand only) for cost of litigation expenses.
Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
August 05, 2015.
(Amrinder Singh Sidhu)
Presiding Member
(Mrs. R.K. Aulakh)
Member
