Punjab

Rupnagar

CC/18/76

Harpreet Singh - Complainant(s)

Versus

Flipkart and others - Opp.Party(s)

In Person

27 Nov 2018

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                  Consumer Complaint No. :  76 of 11.09.2018

                                  Date of decision           :     27.11.2018

 

Harpreet Singh, aged about 40 years, son of Sh. Balbir Singh, son of Sh. Piara Singh, resident of House No.2700, Mohalla Mata Rani, Ropar, Tehsil and District Rupnagar 

                                                                         ......Complainant

                                             Versus

1. Flipkart First Floor Plot No.447/C, First A, Cross 12^th Main 4^th Block Opposite, BSNL Telephone Exchange Karamangala, 560034, Bangalore, Karnatka

2. E-Kart Courier Services, SCF No.10, Beant Singh Aman Nagar, Ropar,  Tehsil & District Rupnagar   

                                                                             ....Opposite Parties

                                    Complaint under Section 12 of the                                               Consumer Protection Act, 1986

QUORUM

 

                         SH. KARNAIL SINGH AHHI, PRESIDENT

                         SH. AMRINDER SINGH, MEMBER

ARGUED BY

 

Sh. Harpreet Singh, complainant in person 

OPs exparte.  

 

                                             ORDER

               SH. KARNAIL SINGH AHHI, PRESIDENT

1. Complainant has filed the present complaint seeking directions to the opposite parties to replaced the mobile set in question of the complainant with new one and O.Ps. may kindly be directed to give amount of Rs.1,00,000/- as cost of harassing the complainant, to the complainant along with and they be burdened with special costs on account of causing mental, physical and financial harassment along with Rs.10,000/- as litigation expenses, to the complainant in the interest of justice.  
2. Brief facts made out from the complaint are that the complainant has purchased the Leeco Mobile set for the amount of Rs.10,799/- from the OP as the same was ordered on dated 21.9.2017 and date of delivery isd 8.10.2017. The said mobile set is exclusively sold by the OP NO.1 through their shopping site. There is no service centre or authorized dealing centre in India. The complainant had ordered the said mobile set through the shopping site of Flipkart Company OP No.1 and was delivered to the complainant through OP NO.2. After the purchase of the said mobile set, it started creating trouble and got hanged every time he started the phone and the complainant requested the O.P. No.1 initially to refund the money or to replace the set or to rectify the problem. The mobile phone is still under warranty period. It is one of the terms and conditions of selling the phone by the OP NO.1 that the purchaser of the phone can get the refund of the total money he spent on purchasing from the OP No.1 within 10 days of purchase of the phone. But the request of hter complainant to refund the money was declined by the OP No.1 at that stage. Hence, this complaint.    

  3.     On being put to the notice, none appeared on behalf of O.Ps, accordingly, they were proceeded against ex-parte vide order dated 27.11.2018.

4.     On being called upon to do so, the complainant has tendered his duly sworn affidavit of complainant Ex.C1 along with documents Ex.C2 & Ex.C10 and closed the evidence.  

5.     We have heard the learned counsel for the complainant and have gone through the record of the file, carefully.

6.     Complainant Sh. Harpreet Singh, made prayer that he booked one mobile set against the payment of Rs.10,799/- with OP NO.1 and the mobile set was delivered on 8.10.2017 along with bill. The purchased set started creating trouble since purchase and requested the OP either to refund the money or to replace the mobile set in question. On the request of the complainant OP replaced the defaulted set. But again the new set started creating trouble and made complaint but no result. The complainant further argued that evidence led by the complainant stand unrebutted as OPs have not come forward to contest the complaint. Further  the complainant referred the documentary evidence i.e. Ex.C2, Adhar Card Ex.C3, copy of request Ex.C4 and then the other receipts issued by the OP Ex.C5 to Ex.C10 and prayed to allow the complaint. Complainant booked/purchased mobile set make Leeco against booking dated 21.9.2017 and delivery is dated 8.10.2017. The receipt of payment Rs.10,799/- Ex.C2. So it is a consumer dispute and complaint is maintainable being complainant and OP No.2 has the address of District Rupnagar.

7.     Qua the deficiency, complainant adduced on file Ex.C1 is the affidavit, Ex.C2 receipt qua the payment of Rs.10,799/-/purchase of the set. Then photocopy of the request Ex.C4 qua the functioning of the purchased set. Beside this complainant placed on file other documents Ex.C5 to Ex.C10. It is well settled condition of the companies that in case the purchased set is found defective then within 10 days from the date of purchase the customer/consumer has the liberty to made request either to refund the selling price or to replace the set.

8.     Complainant pleaded delivery dated 8.10.2017, payment of Rs.10,799/- then pleaded due to defective piece it was replaced and the set started creating trouble of the same type then he has to rely upon the present complaint.

9.     After discussion of evidence, which is exparte and is placed on file by the complainant, the complaint deserves to be allowed as the complainant has been able to prove deficiency in service on the part of OP. Moreso, despite notice, none appeared. In this way, the complaint is allowed and OPs are directed to refund the amount of Rs.10,799/- within one month from the date of receipt of copy of this order with the rider on receipt of payment, complainant will be duty bound to return the old set. In case the O.Ps, fail to pay the said amount within one month from the date of receipt of copy of this order then OPs shall be liable to pay interest @ 8% per annum from the date of order.

 10.  The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.

 

                      ANNOUNCED                                                  (KARNAIL SINGH AHHI)

                      Dated.27.11.2018                                        PRESIDENT
 

 

 

                                                            (AMRINDER SINGH)

                                                                                MEMBER