Haryana

Karnal

CC/95/2016

Rajpal S/o Rajbir Singh - Complainant(s)

Versus

Grievence Officer. Ebay India Privat Limited - Opp.Party(s)

28 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.  

                                                              Complaint No.95 of 2016

                                                             Date of instt.: 29.03.2016

                                                               Date of decision 28.6.2016

 

Rajpal son of Shri Rajbir Singh resident of House no.427 gali no.3 Moti Nagar, Karnal.

 

                                                                      ……..Complainant.

                                      Vs.

1. Grievance Officer, Ebay Inida Pvt. Ltd. 14^th floor, North Block, R-tech-part, Western Express Highway, Goregaon, East Mumbai, Maharastra, Pin-400063.

2. Shahnawaj Barodawala, B-1102, 11^th floor, Shimering Heights, Powai Vihar, Behind Café, Coffee Day, Mumbai-400076, (Maharashtra)

 

                                                                            ………… Opposite Parties.

                     Complaint u/s 12  of the Consumer Protection Act.

 

Before                   Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

 

Present:-      Complainant in person.

                    Opposite parties exparte.

                    

                    

 ORDER:

 

                   This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that on 16.9.2014 he purchased a watch 3G Android, from Ebay. Com. (online) for Rs.17750/- from opposite parties no. 2, vide bill no.37389050237 dated 16.9.2014.  When he started the watch a message was displayed “your watch was over temperature, please remove the battery”.  He lodged complaint with the opposite party no.1 on 29.9.2014 under complaint ID 666896 for replacement of the watch or refund of the amount. He also sent e-mails in that regard to the opposite parties. He also had telephonic call with opposite party no.2,  but no satisfactory reply was received, rather opposite party no.2 used filthy language. Ultimately, opposite party no.2 refused to replace the watch or refund the amount.

2.                Notice of the complaint was given to opposite parties, but none put into appearance on their behalf despite service, therefore, exparte proceedings were initiating against them, vide order dated 10.5.2016.

3.                In evidence of the complainant, he tendered his affidavit Ex.C1 and documents Ex.C2 to C10.

4                 We have heard the complainant and have also gone through the documents placed on file carefully.

5.                 Copy of the order statement Ex.C2 shows that the 3GAndroid Mobile Phone Smart Watch was purchased by the complainant for Rs.17,750/- on 16.9.2014. The copy of the display screen of the watch Ex.C4 indicates that on the display it was shown “your watch was over temperature, please remove the battery”. The other documents produced by the complainant go to show that he had made complaint to the opposite party no.1 on 29.9.2014 and thereafter sent e-mails and the documents with courier, but the opposite parties neither replaced the watch nor refunded the price. It is clear from document Ex.C9 that manufacturer warranty was of six months. The complainant had lodged complaint regarding defect in the watch just after 13 days of its delivery. During warranty period manufacturer was bound to remove the defects or replace the watch or refund the price. The affidavit and documentary evidence of the complainant has gone completely unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. Thus, it stands proved that there was deficiency in service on the part of the opposite parties.

6.                As a sequel to the foregoing reasons, we accept the present complaint and direct the opposite parties to pay Rs.17,750/- as value of the watch. We further direct the opposite parties to pay Rs.2200/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 28.06.2016

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                             (Anil Sharma)

                               Member