DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 28th day of February 2017
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 10/11/2016
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.176/2016)
Sajan.A.S.
Achayath House,
Kalamkulam,
Vadakkencherry Post,
Palakkad – 678 683 - Complainant
(By Party in person)
Vs
1.Ebay India Pvt.Ltd.
14th Floor, North R-Tech Park,
Western Express Highway Gorgaon (E)
Mumbai Mumbai City District
Maharashtra
(Rep.by Authorised Signatory)
2.Balakrishna Computers
110, 1st Floor,
Yogidarshan Shopping Centre,
Surat – 395 010
Rep.by Authrosied Signatory - Opposite parties
O R D E R
By Smt.Shiny.P.R. President.
Brief facts of complaint.
The complainant has purchased Acer mother board (G41LGA 775 Socket DDR 3) on 16-11-2015 for Rs.3498/-through online. After one month of purchase, the mother board was not functioning. Then the complainant contacted 2nd opposite party and they directed the complainant to send the product to them. On 7-4-2016 they informed that they could not repair or replace the product. Then the complainant contacted 1st opposite party but no response from them till this date, hence the complaint. Complainant prays for an order directing opposite party to pay the cost of mother board Rs.3498/- along with compensation of Rs.20000/- to the complainant.
Complaint was admitted and issued notice to opposite parties. Even after the receipt of notice, they did not appear before the Forum. Hence set exparte.
Complainant filed his chief affidavit and documents. Ext.A1 to A6 marked from the side of the complainant.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite
parties?
2. If so, what are the reliefs and cost?
ISSUES 1 & 2
We have perused the documents as well as affidavit filed by the complainant. Ext.A1 to A3 shows that the complainant has purchased mother board from the 1st opposite party. By adducing evidence complainant proved his case. After purchasing a new product, it showed defects within one month, definitely will cause mental agony to the complainant. In the above circumstances we are of the view that by selling defective and substandard quality mother board opposite parties committed unfair trade practice. For which, all the opposite parties are liable to pay compensation to the complainant for his mental agony. As the opposite parties remained exparte evidence adduced by the complainant stand unchallenged.
In the result complaint is allowed. Opposite parties are jointly and severally liable to pay Rs.3498/- (Rupees Three thousand four hundred and ninety eight only) being the cost of mother board, Rs.2,000/- (Rupees Two thousand only) towards the compensation for mental agony suffered and Rs.1,000/- (Rupees One thousand only) as cost of proceedings.
Order shall be complied with within one month from the date of receipt of this order, failing which interest @9% per annum on the total amount due should also be paid to the complainant.
Pronounced in the open court on this the 28th day of February 2017.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Order confirmation of e bay
Ext.A2 – Bank Pass book
Ext.A3 – Shipping statement of e bay
Ext.A4 - Courier receipt to the consignor
Ext.A5 – Contact information to e bay through e mail
Ext.A6 – E bay’s reply
Exhibits marked on the side of opposite party
Nil
Cost
Rs.1,000/-allowed as cost of the proceedings.
