Punjab

Sangrur

CC/402/2016

Sandeep Kaur - Complainant(s)

Versus

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

Shri Sandip Kumar Goyal

04 Oct 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                  Complaint no. 402                                                                                         

                                                                   Instituted on:   17.05.2016                                                                                   

                                                                   Decided on:    04.10.2016

 

Sandeep Kaur d/o Gurwinder Singh resident of near BDO Office, Ward No.12 VPO Lehra Gagga, District.

                                                …. Complainant

                                Versus

 

eBAY India Pvt. Limited, 14th Floor, North Block, R-TECH Park, Western Express Highway, Goregaon ( East), Mumbai, through its M.D./G.M.  

                                              ….Opposite party.

 

 

 

FOR THE COMPLAINANT   :            Shri Sandeep Kumar Goyal, Adv.                      

 

FOR THE   OPP. PARTY  :        Exparte.                        

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

     

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Sandeep Kaur, complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that she online placed an order  of BenQ W1070+plus 10803D DLP-Full HD  Hometheatre system ( Projector)  with OP and  an amount of Rs.96500/- was paid by the complainant  to OP through debit card.  The complainant received a parcel from the OP through Blue Dart Couriers at Sangrur  but upon opening the parcel the complainant was shocked to see that instead of projector, the same was containing  marbles/ stones.  The complainant immediately made a call and also sent a E-mail to the OP to refund her amount. It was informed by the OP that seller has shipped the item on 26.02.2016 at First Flight Couriers but the parcel was delivered to the complainant through Blue Dart Couriers.  The complainant has received mail from the OP on 15.03.2016 in which it was stated that your refund request has been approved and the amount shall be credited in your account 3-4 days. The complainant received another mail from the OP whereby they again demanded the pictures of parcel and complainant provided the same. Thereafter  the complainant was surprised  to receive  mail dated 11.04.2016 whereby the OP rejected the claim of the complainant stating that they have checked all the details and the product was delivered as per description. The complainant requested the OP number of times to refund the amount of Rs.96500/- along with interest but all in vain. Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:-

i)      OP be directed to refund the price  amount of projector  i.e. Rs.96500/-  along with interest @18% per annum  from 22.02.2016 till realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.75000/- as compensation   on account of mental agony, harassment,

iii)   OPs be directed to pay Rs.11000/- as litigation expenses.

2.             Notice was sent to the OP but despite service the OP did not appear and as such it was proceeded exparte on 30.06.2016.

3.             The complainant in her evidence has tendered documents Ex.C-1 to Ex.C-8 and closed evidence.

4.             We have perused the entire exparte evidence/ documents produced by the complainant and heard the learned counsel for the complainant and we find that the complainant had placed an order  of  BenQ W1070+plus 10803D DLP-Full HD  Hometheatre system ( Projector)  with OP and  an amount of Rs.96500/- was paid by the complainant  to OP through debit card. The complainant's further case is that  she received a parcel from the OP through Blue Dart Couriers at Sangrur  and  upon opening the parcel she was shocked to see that instead of projector, the same was containing  marbles/ stones.  The complainant immediately made a call and also sent a E-mail to the OP to refund her amount, on which it was informed by the OP that seller has shipped the item on 26.02.2016 at First Flight Couriers but the parcel was delivered to the complainant through Blue Dart Couriers.  The complainant has received mail from the OP on 15.03.2016 in which it was stated that your refund request has been approved and the amount shall be credited in your account 3-4 days. The complainant received another mail from the OP whereby they again demanded the pictures of parcel and complainant provided the same. Thereafter  the complainant was surprised  to receive  mail dated 11.04.2016 whereby the OP rejected the claim of the complainant stating that they have checked all the details and the product was delivered as per description. Then the complainant requested the OP number of times to refund the amount of Rs.96500/- along with interest but all in vain.

5.             To prove her case, the complainant has produced on record e-mail dated 22.02.2016 Ex.C-3 which was received at 12:11 PM  by the complainant  which shows that confirmation of order placed by the complainant and payment  of Rs.96500/- through debit card. Further, the complainant has also produced on record e-mail dated 15.03.2016 which was received by the complainant from the OP wherein it had been specifically mentioned by the OP " your refund request for item    BenQ W1070+plus 10803D DLP-Full HD  ( Next day delivered in Mumbai_ Thane) has been approved. You initiated this refund on 11 March 2016 since you did not receive the item before the delivery deadline of 06 March 2016. Further it has been mentioned that you should be able to view the refunded  amount of Rs.96,500/-  in your credit card statement/ account within 3-4 working days if you issuing bank is private bank else it may take 12-15 working days for nationalized bank. Further, Note: if you have paid using debit card the refund may take longer than 3 working days.". The OP did not appear to  contest the case of the complainant rather it chosen to remain exparte. As such the evidence/ document produced by the complainant in her favour has gone unrebutted.

6.             So, in view of the above discussion we feel that it is a well proved case of the complainant. Accordingly, we allow the complaint of the complainant and direct the OP either to deliver the BenQ W1070+plus 10803D DLP-Full HD  Hometheatre system ( Projector) to the complainant or to refund Rs.96500/- as price amount of the same which was deposited by the complainant. We further direct the OPs to  pay an amount of Rs.10000/- on account of compensation being mental pain agony and harassment and  litigation expenses.        

7.             This order of ours shall be complied with  within 30 days from  the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                   Announced

                October 4, 2016

 

 

                      ( K.C.Sharma)               (Sukhpal Singh Gill)                                                                                                                                                                           Member                                    President

 

 

 

BBS/-