BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.419 of 2017
Date of Instt. 03.11.2017
Date of Decision: 04.02.2019
Rohit Gambhir Advocate, Chamber No.146, New Courts, Jalandhar-144001, Punjab.
..........Complainant
Versus
1. eBay-14th Floor Block Romeh Tech Park, Western Express Hwy, Goregaon East, Mumbai, Maharastra-400063 through its Authorized representative.
2. Himanshu Goyal son of Satish Chand Goyal resident of House No.148, Mansi Vihar, Sector-23, Sanjay Nagar, Ghaziabad- 201001, UP.
3. Blue Dart Express Ltd. NH-01, Jalandhar Amritsar Bypass Near Indian Oil Depot, Jalandhar, Punjab.
4. Inderjeet, Employee No.P40353 C/o Blue Dart Express Ltd. NH-01, Jalandhar Amritsar Bypass Near Indian Oil Depot, Jalandhar, Punjab.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Complainant in person.
OPs No.1 to 4 exparte.
Order
Karnail Singh (President)
1. This complaint has been filed by the complainant, wherein alleged that he is a consumer of the OP as he purchased online Xiaomi Redmi Smart clear view flip cover case for Xiaomi Redmi Note 3, Colour Black from OP No.1, who is online shopping store and OP No.2 is a seller, who is registered with the OP No.1 to sell his products online from the official website/online store of the OP No.1. OP No.3 is courier company and is dealing with OP No.1 and 2. OP No.4 is employee of the OP No.3. In order to purchase the Xiaomi Redmi Smart clear view flip cover case Colour Black for Rs.459 along with Rs.50/- as shipping charges and the said payment was made by the complainant through his State Bank of India Debit Card, vide Transaction No.JU5748509003 and the complainant had received a message on his mobile No.98722-16748 from his bank that the amount of Rs.509 on POS eBay at Ebay TXN-JU578509003 has been deducted. On the same day, the OP No.1 sent the message on the mobile number of the complainant that they have received the order of the complainant. Thereafter, the complainant received a message from OP No.1 on 21.10.2017 that the order of the complainant will be shipped by 25.10.2017 and the complainant will be notified along with shipping details. On 23.10.2017, the complainant again received the message from OP No.1 that the product of the complainant is ready to be shipped and they will notify you with the tracking details once they ship it. Thereafter, on the same day, the complainant again received message from OP No.1 that the product has been shipped and estimated delivered between 24th to 26th October, 2017.
2. That on 25.10.2017, the complainant received telephonic call from OP No.4 being the employee of OP No.3 and he will inform that the order of the complainant shall be delivered today. In the afternoon, the OP No.4 has delivered the product to the complainant and taken the sign from the complainant on the delivery receipt. Thereafter, the complainant was shocked to hear that the OP No.4 demanded Rs.509/- from the complainant, then the complainant told him that he had already make online payment of Rs.509/- through his Debit Card and shown the message received with regard to the payment of the product with the OP No.4 and also shown the bill to the OP No.4, but the OP No.4 did not hear the complainant and demanded the payment again and again. Thereafter, the complainant approached OP No.2 on telephone, but he did not attend the cell phone of the complainant and thereafter, the OP No.4 has contacted to OP No.3 and narrated all the above said facts to them, then OP No.3 promised the complainant to deliver the product after verifying the record of payment. Till today, the OP No.2 failed to contact the complainant. OP No.4 on his own cancelled the signature of the complainant on the delivery receipt and signed the same and taken back the product from the complainant and promised the complainant that he shall deliver the product on the next day after verifying the record for payment. On the same day i.e. 25.10.2017, complainant stun to see an other message was sent by OP No.3 that the order has been cancelled by the complainant himself, but the order virtually has been cancelled by OP No.4 at the spot himself after assuring the complainant to deliver the product after verifying the payment record. Thereafter, the complainant contacted the OPs many times to deliver the product as they already received online payment through debit card, but the OPs have failed to deliver the product till date nor return the money received from the complainant. Due to this illegal act of the OPs for non delivery of flip cover case of the mobile phone, the mobile phone of the complainant got damaged. Hence, the act and conduct of the OPs amounts to unfair trade practice and deficiency in service as well as negligence and thus, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay compensation to the complainant for mental tension, agony and harassment caused to the complainant, to the tune of Rs.50,000/- and OPs be further directed to pay Rs.509/- the cost of the product and be also directed to pay litigation expenses of Rs.5000/-.
3. Notice of the complaint was given to the OPs, but despite service all the OPs failed to appear and ultimately, all the OPs were proceeded against exparte.
4. In order to prove his exparte claim, the complainant himself tendered into evidence his duly sworn affidavit Ex.CW1/A along with some documents Ex.C-1 to Ex.C-18 and closed the evidence.
5. We have heard the complainant in person and also gone through the case file very minutely.
6. In nutshell, the case set up by the complainant is only that he is having a mobile phone Xiaomi Redmi Note 3 and for that mobile phone, he wants to purchase smart clear view flip cover case and the payment of the said flip cover of Rs.459/- along with Rs.50/- as shipping charges has been paid by the complainant through his SBI Debit Card on 18.10.2017 and these things has been established from the message received by the complainant from his banker i.e. State Bank of India and screen shot of the said message is Ex.C-3 and further the order has been placed by the complainant is also accepted by the OP by sending a message by the OP, the copy of the message is Ex.C-4 and further, OP sent an other message on 23.10.2017 that your order has been shipped, the same will be delivered between 24 October to 26 October and accordingly, product was delivered to the complainant by Blue Dart's employee i.e. OP No.4, but who demanded the price of the same i.e. Rs.509/-, but the complainant alleged that he has already paid the said amount and accordingly, he canceled the signature of the complainant on the delivery report and retain the product as well as delivery report and thereafter, number of times, the complainant asked the OP to deliver the product, but the same has not been delivered rather the OPs No.1 and 2 admitted and regret the inconvenience caused to the complainant for not delivering the product to the complainant, vide document Ex.C-16. So, from the above discussion, it has become clear that the OPs No.1 and 2 despite receiving the price of the product, the same has not been delivered to the complainant and as such, there is unfair trade practice as well as deficiency in service on the part of the OPs No.1 and 2 and therefore, we find that the complainant is entitled for the relief claimed and accordingly, the complaint of the complainant is partly accepted and OPs No.1 and 2 are directed to reimburse the amount of the product i.e. Rs.509/- along with compensation of Rs.15,000/- and litigation expenses of Rs.3000/-. The entire compliance be made within one month from the date of receipt of the copy of order, failing which the OPs No.1 and 2 will liable to pay interest on the aforesaid whole amount @12% PA from the date of filing complaint, till realization. This complaint could not be decided within stipulated time frame due to rush of work.
7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
04.02.2019 Member President
