| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 105 of 31.7.2020 Decided on: 1.4.2021 Manpreet Singh son of S.Gurjeet Singh, resident of H.No.26, Officer Enclave, Phse-1, Patiala. …………...Complainant Versus - Flipkart Internet Pvt. Limited, Vaishnavi Summit No.6/B, 7th Main 80 Feet Road, 3rd Block, Banglore-560034, Karnatka.
- Bathla Teletech Private Limited, Gujranwala Town, Landmark, near Pent Amid Hospital, Delhi 110009, through its Managing Director.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member Sh.Y.S.Matta, Member ARGUED BY Sh.J.S.Sidhu, counsel for complainant. Opposite parties exparte. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Manpreet Singh (hereinafter referred to as the complainant) against Flipkart Internet Pvt. Limited (hereinafter referred to as the OP/s).
Facts of the complaint - The brief facts of the case are that the OPs launched a scheme to provide A.C. with nightglow buttons on remote for the functioning of the A.C. Persuaded by the scheme the complainant purchased the same by placing the order through online vide order ID No.OD118970082512118000 and bill invoice No.#FADZYH2100045182 and deposited the amount of Rs.19,999/-as per the directions of the OPs. The AC was supplied on 29.6.2020 by OP No.2 through OP No.1 and was installed on 30.6.2020 by the OPs for which Rs.2100/-was charged. It is averred that the OPs played fraud with the complainant by not providing the nightglow buttons on remote which fact was also admitted by the mechanic sent by the OPs for installation of the AC. The complainant immediately lodged the complaint on 30.6.2020 with OP No.1 in this regard and the OP by sending e-mail assured the complainant that they will provide the same on or before 2.7.2020 but till date the same has not been supplied till date. There is thus deficiency in service and unfair trade practice on the part of the OPs which caused mental agony and harassment to the complainant. Hence this complaint with the prayer to accept the same by giving directions to the OPs to change remote & to provide new remote with nightglow buttons on remote and also to pay damages.
Written Statement - Notice of the complaint was duly given to the OPs but they did not come present to contest the complaint and were accordingly proceeded against exparte vide order dated 23.10.2020.
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- In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C6 and closed the evidence.
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- The complainant has also filed the written arguments. We have gone through the same, heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- To prove the case, the complainant has tendered his affidavit, Ex.CA, Ex.C1 is features of product,Ex.C2 is the tax invoice where the complainant has purchased the AC in question for Rs.19,999/-,Ex.C3 is the email sent by the OP to the complainant with regard to resolve the matter,Ex.C4 is the another e-mail sent by the OPs to the complainant,Ex.C5 is another e-mail regarding the issue, Ex.C6 is the letter sent by the complainant to the OPs.
- Admittedly the complainant purchased the AC in question vide invoice Ex.C2 dated 26.6.2020 on the assurance of the OPs that the same will be provided with nightglow buttons on remote for the functioning of the AC and the specification in this regard is Ex.C1 in which it is clearly mentioned, “Night Glow Buttons on Remote”. The AC was supplied on 29.6.2020 and was installed on 30.6.2020.The plea of the complainant is that the OPs did not supply the AC with nightglow buttons on remote and immediately he lodged the complaint with OP No.1 on 30.6.2020 who assured to resolve the matter but they did not do so. E mail received by the complainant in this regard are on the file as Exs.C3 to C6. Furthermore the OPs did not come present to contest the complaint and the evidence led by the complainant has remained uncontroverted. As such the OPs are not honest in selling their product and are deficient in providing the services to their customers.
- So in view of the above discussion, the complaint stands allowed and the OPs are directed to provide the remote of the AC with nightglow buttons within a period of 45 days from the date of receipt of the certified copy of this order. They are also directed to pay Rs.5000/-as compensation for causing mental agony and harassment to the complainant and also to pay Rs.5000/-as costs of litigation within the prescribed period.
ANNOUNCED DATED:1.4.2021 Y.S.Matta Vinod Kumar Gulati Jasjit Singh Bhinder Member Member President | |
