The case is taken up for ex parte order.

                                    Shri Vijay Basnet, the complainant placed an order for an Apple i-phone    S5-32   GB with the OP E-bay India Pvt. Ltd. and paid the price of Rs.18599.70 vide pay         1D-44076295758 on 6.11.16 and received the same on 19.11.16. But it was found   defective as it could not connect to the network after inserting the SIM.  Hence the        complainant requested the OP for replacement of the said phone on the same day.

                        The complainant was requested by the OP to return the same and accordingly      he returned         the cell-phone on 21.11.16 by speed post, which was delivered to the OP    no 25.11.16 per track details of India Post.  An E-mail was also sent to the OP seller for       confirmation of receipt. But even after receipt of the same, the OP neither replaced            the defective phone nor made any refund of price.

                        The complainant sent notice dated 25.2.17 and 23.3.17 demanding thus twice        the same. The Op did not pay any heed to such notices.  So, the complainant filed this          case.

                        The case proceeds exparte against the OP.

            The complainant submitted the following documents in support of this claim:-    

1. Order for Apple i-phone 5s-32 GB and praise pay ID44076295758 for payment of Rs.18,599=07,
2.  Confirmation of shipping of product,
3. Product delivery report,
4. Request for replacement of defective product,
5.  Prayer for replacement of the cell-phone,
6. Item returned to the seller by good post,
7. E-mail sent to the seller for confirmation of receipt,
8. E-Bay guarantee card,
9. Guarantee claim rejected by e-bay,
10. E-mail to e-bay for resolution,       
11. E-mail form e-bay rejecting the claim again,
12. Proof of delivery of item on 25.11.16 to the OP,
13. Confirmation of delivery of item,
14. Further confirmation,
15. Notice sent to e-bay dated 25.2.17,
16. Notice sent on 02.03.17.

                                               Contd……P/2

Consumer Case No.33/S/2017

-:2:-

            The complainant has further submitted the Xerox copy of the following:-

1. Letter of the seller asking the complainant to return the product.
2. Track detail of India Post delivery the item.
3. E-mail from the seller confirming the receipt of the item.

The complainant falls within the definition of Consumer u/s-2(d) of the  Consumer Protection Act, 1986.  He is posted in Sukna Military station, Salbari, P.S.-        Pradhan Nagar, Dist-Darjeeling.  The cause of action arose in Siliguri as the order was        placed and payment was made from, here as well as goods was delivered in the        address of the complainant.  Therefore, this Forum has the territorial jurisdiction over          the disputes. The value of the goods and the compensation claimed amounts to   Rs.1,11,599/- ,i.e.

 within the limit of twenty lakhs rupees.  Hence, this Forum has the pecuniary jurisdiction also.  This case is, therefore maintainable in this forum.

The complainant made a request for replacement of the defective  phone and the OP asked the complainant to return the same. The complainant returned the said cell-phone by speed post on 21.11.16 which was received by the OP on 25.11.16 as per track consignment of India Post.  The OP was conveyed such record of receipt of the phone by him. Still the OP did neither replace the defective phone nor refund the price there of.

 The complainant having seen such inaction of the part of the OP demanded the same by a letter dated 25.2.17 and sent a notice dated 02.03.2017 informing legal action to be taken against the OP by him. The OP, however, paid no heed.

 To prove the alleged deficiency in service on the part of the complainant against, the complainant led evidence and submitted written notes of arguments and his Ld Advocate was patiently heard. The contention conforms to the documents and testimonials submitted to this Forum. As such this Forum found nothing to disbelieve him.

                Contd……P/3

Consumer Case No.33/S/2017

-:3:-

Having perused the complaint, supporting documents attached there to and also the oral submission of the Ld Advocate of the complainant, this Forum is of the view that e-bay India Pvt. Ltd. not only showed deficiency in service

                        but also committed unfair trade practice by not replacing the defective cell            phone or refunding the price there of in spite of having the return of the           defective cell-phone.

The case thus succeeds exparte. 

Hence, it is

                     O R D E R E D

that the Consumer Case No. 33/S/2017 be, and the same is allowed      ex- parte against the OP.        

The OP e-bay India Pvt. Ltd. is directed to pay the complainant:-

1.         A Sum of Rs. 18,599/- towards the cost of the goods i.e., the price of the      Cell phone.

2.         Compensation /damage to the complainant to the tune of Rs.10,000/- for              harassing the complainant and causing his mental pain and agony.

3.         Cost of litigation of Rs.5,000/- only.

            The OP is directed to pay the Rs.18,599/- + 10,000/- = Rs.28,599/- within 45 days in default the amount will carry interest @ 9% per annum from the date of this order till realization. 

In case of default of payment as ordered above, the complainant shall be at liberty to put the case into execution, through this Forum as per law.

Let a plain copy of this judgement be supplied to the complainant free of cost.