Punjab

Sangrur

CC/687/2016

Ramnish Kansal - Complainant(s)

Versus

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

Shri Ashish Kumar Grover

06 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                           

                                                Complaint No.  687

                                                Instituted on:    08.12.2016

                                                Decided on:       06.03.2017

 

Ramnish Kansal @ Raman Kansal S/o Sh. Madan Lal, R/ O Dashmesh Nagar, Near MLA Kothi, Bhawanigarh, District Sangrur.

                                                        …Complainant

                                Versus

1.             ebay India Pvt. Ltd. 14^th Floor, North Block, R-Tech Park, Western Express Highway, Goregaon (East) Mumbai through its Managing Director.

2.             Katni Online, Opp. Guru Nanak Dharam Kanta, NH 7, Bargawan, Katni (MP) through its prop/partner.

                                                        …Opposite parties

For the complainant  :               Shri Ashish Grover, Adv.

For OPs                    :               Exparte.

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Ramnish Kansal, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant  purchased software of coral draw graphics (commercial) from OP number 2 vide invoice dated 10.01.2016 for Rs.19,999/- and the complainant paid the payment of Rs.19,999/- online on 23.12.2015. It is further averred that the complainant is doing the work of printing press in order to earn his livelihood which is helpful for his work.  Further case of the complainant is that the complainant received the software of Coral Draw Graphics (Educational) instead of software of Coral Draw Graphics (Commercial).  The complainant approached the Coral company, who is manufacturer of the software, who also told that the purchased software is coral draw graphics (educational).  After that the OP number 2 sent another key (license) of software online. The complainant again got checked the second key (License) from Coral, but this was also the same.  Now, the grievance of the complainant is that the Ops have not replaced the said software despite repeated requests, due to which the business of the complainant has been suffering.  Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that OPs be directed to refund to the complainant the amount of Rs.19,999/- along with interest @ 18% per annum from the date of its purchase till realisation and further claimed compensation and litigation expenses.

 

2.             Record shows that OPs did not appear, as such, they were proceeded against exparte on 18.01.2017.

 

3.             The learned counsel for the complainant has produced Ex.C-1 copy of bill, Ex.C-2 affidavit of the complainant, Ex.C-2 copy of order confirmation, Ex.C-4 to Ex.C-10 copies of emails and closed evidence.

 

4.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

5.             The main allegation of the complainant in the present case is that he ordered for purchase of software of Coral Draw Graphic (Commercial) from the OP number 2 vide invoice dated 10.01.2016 for Rs.19,999/-, but the OPs instead of supplying the ordered software supplied the Coral Draw Graphics (Educational), which is of no use to he complainant.  The complainant has further alleged that he requested the Ops so many times to replace the same, but of no use.  Further we are unable to go with the contention of the learned counsel for the complainant as we have perused the copy of invoice dated 10.01.2016, Ex.C-1 issued by OP number 2, wherein the  ordered item is mentioned only as “Corel DRAW Graphic Suitex7 (License)”, whereas the complainant has alleged that he ordered the CoralDraw Graphic (Commercial), as such we find no mention of word “commercial” as disputed by the complainant in the complaint as well as in the affidavit Ex.C-2.  Since in the present case the Ops are exparte, we have to pay much intention towards the averments of the complainant.  As such, we feel that the main point of controversy in the present case is that the OPs supplied the complainant Coral Draw Graphic (Educational) instead of Coral Draw Graphic (Commercial), but we find nothing on record to support such a contention of the complainant that the Ops did not supply the ordered product.  We may mention that the complainant has relied upon the invoice dated 10.01.2016 Ex.C-1, but we are of the considered opinion that this document is of not helpful to the case of the complainant as in this document there is no mention of word ‘commercial’.  Further we may mention that the complainant had purchased this product vide invoice dated 10.01.2016 which was having a warranty of one year, but the complainant has filed the present complaint at the fag end of the expiry of the warranty i.e. on 08.12.2016, whereas the warranty of the product was to expire on 10.01.2017.  Further there is no explanation from the side of the complainant that why he had filed the present complaint after such a long time.  Under the circumstances, we find that the complainant has failed to produce on record any cogent, reliable and trustworthy evidence to support his contention.

 

6.             In view of our above discussion, we find no merit in the complaint and the same is, therefore, dismissed. However, the parties are left to bear their own costs.  A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                March 6, 2017.

                                                (Sukhpal Singh Gill)

                                                     President

                               

                                         (Sarita Garg)

                                                       Member

 

 

                                                (Vinod Kumar Gulati)

                                                        Member