DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 406
Instituted on: 10.08.2017
Decided on: 10.10.2017
Surinder Singh son of Shri Makhan Singh resident of Rampura Gujjra, Tehsil Moonak, District Sangrur.
…. Complainant
Versus
1. Ebay India Private Limited, 14th Floor North Block, R-Tech Park Western Express Highway, Goregaon, ( East) Mumbai-400063 through its Managing Director.
2. Viney Kumar agent of Ebay India Limited 14th Floor North Block R-Tech Park Western Express Highway, Goregaon ( East) Mumbai-40063. ….Opposite parties.
FOR THE COMPLAINANT : In person
FOR THE OPP. PARTY : Exparte
Quorum
Sukhpal Singh Gill, President
Sarita Garg, Member
Vinod Kumar Gulati, Member
ORDER:
Sukhpal Singh Gill, President
1. Surinder Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on 03.07.2017 he contacted OP no.2 for purchase of LED of size 43" Sony-Bravia Model No.43W800C 10 cm on online under special offer/ special discount i.e. Rs.41500/- instead of Rs.46500/-. The OP no.2 asked the complainant to deposit an amount of Rs.41500/- which was deposited on 04.07.2017 in the account of OP no.2 bearing number 275110100019430 ( Andhra Bank, Subha Ready Govt. Medical Nellore) by NEFT through bank account number 14341000000023 of Punjab and Sind Bank Branch Moonak through a cheque. Thereafter the OP no.1 issued a bill for an amount of Rs.41500/- online but till today the complainant has not received the ordered LED from the OPs. Thus, alleging unfair trade practice on the part of the OP, the complainant has sought following reliefs:-
i) OP be directed to refund an amount of Rs.41500/- alongwith interest @12% per annum,
ii) OP be directed to pay to the complainant a sum of Rs.8000/- as compensation on account of mental agony, harassment,
2. The complaint was admitted only against OP no.2 and notices was issued to the OP no.2 but despite service OP no.2 did not appear and as such OP no.2 was proceeded exparte on 20.09.2017.
3. In his exparte evidence, the complainant has produced on record documents Ex.C-1 to Ex.C-8 and closed evidence.
4. From the perusal of the documents placed on record and after hearing the arguments of the complainant, we find the complainant had ordered for purchase of Sony Bravia KDL-43W800C 108 cm (43) Full HD3D LED android TV ( KDL-43W800C, 4x for an amount of Rs.41500/- which is evident from invoice Ex.C-4. The complainant's specific case is that he had deposited an amount of Rs.41500/- in the account of OP no.2 on 04.07.2017 through NEFT. To prove his case the complainant has produced on record copy of his bank pass book account Ex.C-5 and copy of cheque dated 04.07.2017 of Punjab and Sind Bank Ex.C-8 which show that the complainant had deposited an amount of Rs.41500/- in the account of the OP no.2. The complainant has stated that man
(OP no.2) of OP no. 1 issued a bill but he has not received the ordered LED in question till today. The OP no.2 has not come forward to contest the case of the complainant rather they chosen to remain exparte.
5. For the reasons recorded above, we allow the complaint of the complainant and direct the OP no.2 to refund an amount of Rs.41500/- alongwith interest @9% per annum from the date of filing of the complaint till realization. We further order the OP no.2 to pay to the complainant an amount of Rs.3000/- being consolidated amount of compensation on account of mental pain , agony harassment and litigation expenses.
6. 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 10, 2017
(Vinod Kumar Gulati) ( Sarita Garg) (Sukhpal Singh Gill) Member Member President
