Haryana

Panchkula

CC/47/2016

NAKUL AGGARWAL. - Complainant(s)

Versus

EBAY INDIA PVT.LTD - Opp.Party(s)

COMPLAINANT IN PERSON.

25 May 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.                                                             

Consumer Complaint No	:	47 of 2016
Date of Institution	:	26.02.2016
Date of Decision	:	25.05.2016

                                                                                          

Nakul Aggarwal s/o Sharwan Aggarwal, R/o House No.939P3, First Floor, Sector-12A, Panchkula.

                                                                                       ….Complainant

Versus

 

EBAY India Pvt. Ltd., 14^th Floor, North Block, R-Tect Park, Western Express Highway, Goregaon (East), Mumbai 400063, Maharashtra (India).

 

                                                                                        ….Opposite Party

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

                             Mr.S.P.Attri, Member.

 

For the Parties:     Complainant in person. 

Op already ex-parte.

ORDER

(Dharam Pal, President)

1. The present complaint has been filed by the complainant against the Op with the averments that he placed order online to purchase I-Phone 6S (16GB) from the Op, online against their New Year Online Offer 2016 for an amount of Rs.49,000/- @ 15,000/-. The complainant made the payment of Rs.15,000/- to the OP through credit card on 05.01.2016 and the payment credited in favour of OP through paisa pay ID 41545279833. After passing 11 days, the Op refunded the payment of Rs.15,000/- instead of delivery of the product i.e. iphone 6S but the complainant was not interested to get the refund of payment. The complainant contacted the Op to deliver the product but the Op did not solve the issue. Therefore, the complainant had to remain without facility of mobile phone for a sufficient long period which was a basic necessity these days and had to borrow the mobile phone from relative. This act of the opposite party amounts to deficiency in service on its part. Hence, this complaint.
2. Notice was issued to the Op through registered post. But none has appeared on behalf of the Op. It is deemed to be served and the Op was proceeded against ex-parte vide order dated 05.04.2016.
3. The complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 and C-2 and closed the evidence.
4. We have heard the complainant appearing in person and have also perused the record carefully and minutely.
5. It is evident from Annexure C-1 that on 05.01.2016, the complainant booked an I-Phone 6S (16GB) with the Op online against their New Year Online Offer 2016 for an amount of Rs.49,000/- @ 15,000/-. The complainant made the payment of Rs.15,000/- to the OP through credit card on 05.01.2015 and the Op confirmed the order and gave him paisa pay ID 41545279833 (Annexure C-1). The estimated delivery date was 12.01.2016, intimated by the Op. It was also intimated that once the order is shipped, they will send an email with the courier name and tracking number.  But after passing 11 days, the Op refunded the payment of Rs.15,000/- instead of delivery of the product i.e. iphone 6S. The complainant requested the Op to deliver the product but the Op did not solve the issue. The complainant has also filed his duly sworn affidavit (Annexure C-A).
6. Moreover, the Op did not appear to contest the claim of the complainant and preferred to proceed ex-parte, which draws an adverse inference against it. The non-appearance of the Op shows that it has nothing to say in its defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same is accepted as correct and deficiency in service on the part of the Op is proved.
7. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Op is directed as under:-

1. To deliver the iphone 6S 16 GB booked by the complainant.
2. The complainant is also directed to pay Rs.15,000/- to OP which he received on delivery of said phone.

(iii)    To pay an amount of Rs.5000/- as compensation for mental agony, harassment and cost of litigation.

Let the order be complied with within the period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

Announced

25.05.2016     S.P.ATTRI           ANITA KAPOOR         DHARAM PAL

                         MEMBER          MEMBER                      PRESIDENT

Note: Each and every page of this order has been duly signed by me.

 

                                          

                                                         DHARAM PAL

                                                          PRESIDENT