JUDGMENT

Shri A.K.Patra,President

1.    The facts of the complaint is that the complainant has ordered one REDMI 10 (Midnight Black,64 GB) on 23.09.2022 from the website of  Opp.Party No.1(one) vide Order ID OD126076889067375000 during the Flipkart Big Billion Sale at a consideration amount of  Rs.8,999/- availing  the exchange offer of his old mobile phone i.e. Redmi Note 6 Pro at a exchange  value of Rs.4050/-. After deduction of the exchange value the complainant paid the final amount of Rs.4861/- to the Opp.Party No.1 for purchase of the said mobile set i.e. Redmi 10(Midnight Black,64 GB).  But on  dt.01.10.2022 the Opp.Party No.1 suddenly canceled the order of the complainant without his knowledge  assigning false  and fabricated reason that “as per your request, your item has been cancelled” though the complainant had never requested the Opp.Party No.1 to cancel his order rather he was waiting for the arrival of his new mobile set. It is further contended that ,on the very the day i.e. on 1.10.2022 the complainant tried to contact the OP No.1 to make complaint about the said misconduct but after several attempts  by the complainant the Opp.Party No.1 did not respond . It is submitted that due  to forceful cancellation of the product by the OP No.1 the complainant was deprived of his legitimate entitlement of getting his mobile phone at a price of Rs.4861/- after deduction of exchange value of his old mobile set. Now the cost of the mobile phone has been increased to Rs.14,999/-.Such misconduct and attitude of the Op No.1 amounts to unfair trade proactive and deficiency in rendering service. Hence, this complaint.
2.   The complainant seeks for an order directing the Opp.Party No.1 to pay a sum of Rs.20,000/- to the complainant towards harassment and mental agony and Rs.10,000/- towards cost of litigation and Rs.20,000/- towards exemplary cost. Hence this complaint.
3.   On being notice, the Opp.Parties appeared through their advocate Sri Kunal Kumar Behera but failed to file their written version within the stipulated period of time as prescribed  under C.P.Act though sufficient opportunities have been given to them,  as such we proceeded the matter in absence of any written version and decided the case on merit as per materials  available on record.
4.    It is the case of the complainant that, he has placed ordered one REDMI 10 (Midnight Black,64 GB) on 23.09.2022 from the website of  Opp.Party No.1 vide Order ID OD126076889067375000 during the Flipkart Big Billion Sale at a consideration amount of    Rs.8,999/- and as per the  exchange offer of the op the complainant gave his old mobile phone i.e. Redmi Note 6 Pro at a exchange  value of Rs.4050/- and after deduction of the exchange value, the complainant paid the final amount of Rs.4861/-  to the Opp.Party No.1 vide Tax Invoice No.#FAK7152300007810 Dt.26.09.2022 but on dt.01.10.2022 the Opp.Party No.1  canceled the order of the complainant without his knowledge.
5.    To substantiate her claim the complainant has filed the Tax Invoice No.#FAK7152300007810 Dt.26.09.2022, true cop dt 01.10.2022 . The complainant also adduced her evidence on affidavit, the averment of which are corroborating with the averment of the complaint petition remaining unchallenged /un-rebutted.
6.    Heard .We have perused the complaint petition and material available on record.
7.    Here in this case, the Ops failed to file their written version and did not contested the case and as such , we believed the complainant the allegations as true in absence of any denial from the side of the Ops. The Ops also failed to file their evidence on affidavit as prescribed under C.P.Act though sufficient opportunities have been given.
8.   The complainant has proved on affidavit that, the complainant has placed an order for a mobile set on exchange as per the offer declared by the Opp.Parties but after placement of order  the Ops deliberately & unilaterally cancelled the order without any reason which  certainly  is an unfair trade practice and deficiency in service on the part of the Ops .  
9.      Based on the aforesaid discussion, it is concluded that, there is unfair trade practice & deficient in service on the part of Ops towards the complainant which certainly caused financial loss & mental agony to the complainant need to be compensated.   Therefore, the O.Ps are  liable to delivered the product or else refund the price of the product received from the complainant and  also they are liable to pay compensation for mental agony   along with  cost of this litigation  . However the claim of the complainant is high side  as such, we allowed the complaint   partly and dispose of the matter with the following directions:-

                                        ORDER

The Opp.Party No. 1(one) is   directed to deliver the said mobile set i.e.  REDMI 10 (Midnight Black,64 GB) without charging any extra amount  to the complainant.  Further the Ops are directed to pay compensation of Rs.5,000/- for harassment and  mental agony  undergone by the complainant and Rs.5000/- towards  cost of litigation expenses. It is further directed to comply this order within four weeks from the date of receipt of this order, failing which  the Op 1(one) is liable to pay Rs 200/-  per day as compensation to the complainant till  compliance of this order .     

Dictated & corrected by me.

                    President

I agree

                   Member

Pronounced in the open Commission today on this    2^nd  day of August, 2023 under the seal and signature of this forum. The pending application if any is also disposed off accordingly.

Free copy of this order be supplied to the parties for their perusal or party may download the same from the Confonet be treated as copy served to the parties. Complaint is disposed of accordingly.