Punjab

Rupnagar

CC/20/15

Chirag Sharma - Complainant(s)

Versus

Harman International India Pvt Ltd - Opp.Party(s)

Arvind Kumar

03 Sep 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ROPAR

                                        Consumer Complaint No.15 of 2020                                           Date of institution: 15.07.2020

                                                Date of Decision: 03.09.2020

 

Chirag Sharma, House No.1871/4, Shashi Hospital, Behind Lehri Shah Mandir, Gaushala Road, Ropar, Punjab-140001

…….Complainant

Versus

 

Harman International India Private Limited, Prestige Technology Park, 4^th Floor Jupiter (2A) Block, Marathahalli Ring Road, Bangalore-560103, Karnataka, India

                                                      ……..Opposite Party

Complaint under Consumer Protection Act.

 

Quorum:   Shri Sanjiv Dutt Sharma, President.

                        Capt. Yuvinder Singh Matta, Member

 

Present: Sh. Arvind Kumar Rishi, Adv. counsel for complainant

                     OP exparte

       

Order dictated by :-  Shri Sanjiv Dutt Sharma, President

Order

The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Party (hereinafter referred as ‘OP for short) on the ground that CC placed an order for JBL wireless earphones from the website of the OP on 17.09.2019 vide order ID No.JB-In00234236. CC, accordingly, paid an amount to the tune of Rs.6499/- for the same by using Google Pay (BHIM UPI) with transaction ID No.CICAgKCGmei1Ug with UPI ID No.926016343465. It is averred that the CC paid the amount, which was deducted by bank but it showed payment had failed. CC informed by PAY U that money had been transferred to JBL. The transaction is also showing in the statement of accounts of the bank. Thus, seeking justice, the CC seeking the refund of amount of Rs.6499/- along with compensation of Rs. 20,000/-. The CC sent legal notice dated 20.12.2019.  

2.       In reply, the OP has chosen to remain ex-parte, vide our orders dated      11.12.2020.

3.       CC in support of his complaint has tendered into evidence his affidavit Ex.C1, conversation Ex.C2 and proof of paying an amount to the tune of Rs.6499/- Ex.C3 along with legal notice etc.

4.       We have perused the complaint very minutely along with affidavit filed by the CC. The affidavit is nothing but the word to word copy of the complaint.

5.       Surprisingly, it is, no where mentioned in the complaint whether the CC had received the earphones in lieu of money paid to the OP to the tune of Rs.6499/- It is, nowhere mentioned that he has not received the earphones or not or what specific kind of deficiency in service was committed by the OP. Even, in the legal notice sent by the CC to the OP, it is nowhere mentioned that whether the CC had received the JBL earphones or not or whether the JBL earphones were lost on the way or were not sent by the OP , and also there is nothing in the legal notice qua this fact. It is not made clear that what exactly the CC wanted from the OP.

6.       In view of our above discussion, we feel, that CC is not able to convey his complaint or allegations against the OP clearly. In such, peculiar situation, we are not able to grant any relief to the CC since there is nothing in the evidence of the CC or even in the legal notice sent by the CC, which is also submitted in evidence. Therefore, the complaint stands dismissed. However, no order as to cost. Free certified copies of this order be sent to the parties, as per rules. The files be consigned to record room.

•  

September 03, 2021

(Sanjiv Dutt Sharma)

                                                                                              PRESIDENT

(Capt. Y.S. Matta)

MEMBER

​