Punjab

Hoshiarpur

CC/14/262

Amit Kumar - Complainant(s)

Versus

General Manager, Home Shop 18 - Opp.Party(s)

02 Feb 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOSHIARPUR

(3RD FLOOR, DISTRICT ADMINISTRATIVE COMPLEX, HOSHIARPUR)

C.C. No. 262/03.12.2014

Decided on : 02.02.2015

Amit Kumar son of Ashok Kumar resident of Civil Line extension , Kothi no. 12-B , Mission Compound, Hoshiarpur.

Complainant

vs.

1. General Manager , Home Shop 18, TV Shopping Net Work Ltd, 7th Floor FC-24 , Sector 16-A Film City ,Noida 201301, Uttar Pradesh. Phone No. 0120-4691600.

2. General Manager, Hiba Collection, 551067 Jay Veer Industrial Estate, OP Shiv Ganga Hospital Near Bharat Petrol Pump Pandesar Surat- 394221 Gujrat. (Care @ Homeshop18.Com).

3. General Manager/Incharge Bharat Speed post, Courier Registered, Opposite Civil Line Opp. Head Post Office Hoshiarpur.

Opposite Parties

Complaint u/s 12 of the Consumer Protection Act, 1986.

 

Quorum: Sh. Ashok Kumar,President.

             Mrs.Vandna Chowdhary, Member.

             Mrs. Sushma Handoo,Member.

 

Present: Complainant in person.

             OP Nos.1,2- exparte.

             OP No.3- exempted.

 

ORDER

PER SUSHMA HANDOO MEMBER

1. The complainant has filed the present complaint under Section 12 of the Consumer Protection Act,1986 against Home Shop 18 through its General Manager and others (hereinafter referred to as OP Nos.1 & OP No.2 respectively, for short) praying for a direction to the OPs to pay Rs.25,000/- as compensation and litigation expenses .

2. Briefly stated, the case of the complainant is that he ordered on phone no. 9781239155 for the supply of a Saree of specific colour worth Rs. 2999/ to OP no. 1 vide order no. 951285823 sub order no. 85267869 who is selling agent of OP no. 2. The delivery of same was received through courier on 26-8-14 against payment of Rs.2,999/-. After opening the parcel, the complainant found that not only the colour of said saree was of different than the colour ordered but also the same was a defective piece as jari on the border was worn out. The complainant immediately contacted OP No. 1 regarding the said changed colour and defect in the piece of saree who directed him to return the same to OP No.2 through courier and gave its address . Thereafter, the complainant returned the same to OP No. 2 at the given address as per direction of OP no. 1 on the next date through Bharat Speed Post Courier Registered opposite Civil Line, Opposite Head Post Office Hoshiarpur-OP no. 3 and spent Rs. 400/- on courier . The OP no. 1 told the complainant that his complaint has been forwarded and a fresh piece of the saree of the required colour will be reached to the complainant very soon. However, on contacting OP no.1 on phone time and again in this respect, it had been assuring that the delivery of the new piece has been sent and it may be delayed due to courier delivery and did not give any satisfactory reply. In this way, there is great deficiency in service on the part of OPs . It is further averred that sister of the complainant was to attend an important function by wearing that saree as such, the purpose of getting delivery of saree could not be served. Hence this complaint.

3. Registered notice was served upon OP Nos.1,2 but none had appeared on their behalf so, they were proceeded against exparte on 9.1.2015. However, Sh. Bharat Bhushan Verma had appeared on behalf of OP No.3 on 6.1.2015 and filed copy of email qua delivery of article to OP No.1 and in view of that complainant had made a statement that he did not want any relief against OP No.3. Accordingly, complaint against OP No.3 was dismissed vide zimni order dated 6.1.2015.

4. In exparte evidence, complainant tendered in evidence affidavit Ex. C-1, receipt Ex. C-2, copy of email Mark C-3 and closed the evidence.

5. We have heard the complainant and have very carefully gone through the affidavit and documents on the file.

6. The complainant has argued on the lines of his pleadings.

7. We have anxiously considered the contention of the complainant in the light of evidence on record and have found that the stand of the complainant is supported from the ex parte evidence led by him in the form of affidavit Ex.C-1, courier receipt dated 27.8.2014 Mark C-2 amounting to Rs.400/- vide which the complainant had sent back the defective piece of saree to OP No.2 through OP No.3. Mark C-3 is the copy of email vide which the said defective saree was delivered to OP No.2 on 30.8.2014 . But till date after contacting OP No.1 time and again on phone in this respect, neither new piece of saree nor any satisfactory reply has been given to the complainant. Complainant has argued that her sister had to attend an important function by wearing the said saree but due to non supply of new saree by OP Nos.1 and 2, the purpose of its purchasing could not be achieved .

8. The OP Nos. 1 and 2 were duly served but they did not care to contest the claim of the complainant and rebut the evidence led by him as aforesaid and as such it can be concluded without any hesitation that either they admit the claim of the complainant or they have nothing to say in the matter. In this way, the evidence led by the complainant goes unrebutted and unassailed. So, OP Nos. 1 and 2 are found deficient in providing the services to the complainant. Therefore, the complainant is found entitled to the main relief besides appropriate compensation and litigation costs.

9. In view of our above observations and findings, the complaint filed by complainant is partly accepted ex parte with a direction to OP Nos.1 and 2 to refund Rs.2,999/-, the cost of the saree alongwith Rs.4,000/- as compensation and litigation costs within a period of 30 days from the receipt of copy of this order failing which OP Nos. 1 and 2 shall be liable to pay interest @ 9% per annum on the aforesaid amount of Rs.6,999/- from the date of order till realization. Copy of the order be sent to the parties free of cost. File be consigned to the record room.

Announced.

02.02.2015

(Mrs.Vandna Chowdhary) (Mrs. Sushma Handoo) (Ashok Kumar )

 Member                            Member                       President

SS