DATE OF FILING: 21.06.2022
DATE OF DISPOSAL:24.04.2023.
Sri Satish Kumar Panigrahi, Presiding Member:
The fact of the case is that the complainant has filed this consumer complaint Under Section 35 of the Consumer Protection Act, 2019, alleging deficiency in service against the Opposite Parties (in short the O.Ps.) and for redressal of his grievance before this Commission.
2. The complainant being impressed with the advertisement and video clips through YouTube in order to uplift the business of the Opp. Parties, the complainant contacted the Ops through their whatsapp number 9818870249 as circulated by them. Being impressed upon the assurance given by the O.Ps about their products such as price, warranty, quality of products etc. the complainant placed his order on 3.3.2022 through the whatsaap for purchase of (1) outdoor wifi long range camera, (2)Wifi magnate camera (3) wifi wall clock spy camera (4) 3MP six indoor, 2 outdoor color night vision latest IP camera with complete set up and (5) 360 degree wifi color night vision. As per the demanded made by the O.Ps, the complainant paid an amount of Rs.22,000/- to the O.Ps through their Google pay account vide UPI transaction ID No. 206280177232 towards full payment of the products. After receipt of the amount by the O.Ps through the Google pay, the O.Ps only supplied the items No. 1, 2, 3 & 5 through courier service to the complainant in two packages, which are received by the complainant opened the same, he found that the item No.4 i.e. 3MP six indoor, 2 outdoor color night vision latest IP camera complete set up are not supplied by the O.Ps along with other articles and no cash bill and warranty card of the products are also provided along with the products. Further the wall clock which is supplied by the O.Ps is found in damaged condition. The same fact is also duly intimated to the O.Ps by sharing the unboxing video by the complainant. After receipt of the above intimation from the complainant, the O.Ps stated the complainant that by mistake the said product was not sent by them and further the O.Ps assured the complainant that they shall deliver the said products along with a good conditioned clock to the complainant within a week i.e. within 20th March 2022, but the O.Ps have not supplied the same to the complainant in spite of repeated reminders made by the complainant from time to time through telephone and whatsaap massages by taking some plea and other. The above acts and conducts of the O.Ps is nothing, but amounts so deficiency in service by adopting unfair trade practice and cheating and due to such conduct and behavior of the O.Ps the complainant is living under mental agony and starvation. On 10.04.2022 the complainant issued advocate notice by Regd. Post/A.D. calling upon the O.Ps to comply the order placed by the complainant along with money receipt and warranty certificate within a week after receipt of this notice, failing which the complainant is forced to take legal action against the Ops before proper court of law for redressal of his grievance. Though the O.Ps have received the said notices on 16.04.2022 but did not turned off to deliverer the rest items to the complainant as per the order given by him till today and even the O.Ps have not choose to give any reply the said notice of the complainant. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to supply the rest items i.e. 3MP six indoor, 2 outdoor color night vision latest IP camera complete set up as per the order of the complainant without further delay and replace the damaged wifi wall clock spy camera against a new one and further compensation of Rs.30,000/- and Rs.10,000/- towards litigation cost in the best interests of justice.
3. Notices were issued against the Opposite Parties but they neither choose to appear nor filed any written version. Hence all the O.Ps set exparte on dated 20.01.2023.
4. To substantiate his case the complainant has filed his evidence on affidavit, documents as per list and written notes of argument.
5. On the date of exparte hearing of the case, we heard from the complainant and perused the case record and the materials placed on it. As per the demand made by the O.Ps, the complainant paid an amount of Rs.22,000/- to the O.Ps through their Google pay account vide UPI transaction ID No. 206280177232 towards full payment of the products. After receipt of the amount by the O.Ps through the Google pay, the O.Ps only supplied the items No. 1, 2, 3 & 5 through courier service to the complainant in two packages, which are received by the complainant opened the same, he found that the item No.4 i.e. 3MP six indoor, 2 outdoor color night vision latest IP camera complete set up are not supplied by the O.Ps along with other articles and no cash bill and warranty card of the products are also provided along with the products. Further the wall clock which is supplied by the O.Ps is found in damaged condition.
We have also thoughtfully considered the submissions made before us by the complainant. It is pertinent to mention here that though opportunity was given to the O.Ps to defend the case but they failed to do so. As such taking the sole testimony of the complainant in to consideration it is presumed that the complainant’s contention is true.
6. On foregoing discussion it is crystal clear that the Ops are negligent in rendering proper service to the complainant. Hence, in our considered view there is deficiency in service on the part of the O.Ps.
7. In the result, the complainant’s case is allowed on exparte against the O.Ps. The O.Ps are jointly and severally liable as such they are directed to supply the rest items i.e. 3MP six indoor, 2 outdoor color night vision latest IP camera complete set up as per the order of the complainant without further delay and replace the damaged wifi wall clock spy camera against a new one supply the cash bill and warranty card of the products and Rs.7000/- as compensation for mental agony along with Rs.3000/- as cost of litigation to the complainant within 45 days from the date of receipt of this order, failing which all the dues shall be realized at the rate of 12% interest per annum. The case of the complainant is disposed of accordingly.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. A copy of this order be also sent to the Secretary, State Consumer Disputes Rederssal Commission, Odisha, Cuttack for information.
The file is to be consigned to the record room along with a copy of this Judgment.
(SHRI SATISH KUMAR PANIGRAHI)
PRESIDING MEMBER
(SMT. SARITRI PATNAIK)MEMBER (W)
PRONOUNCED ON: 24.04.2023.