Haryana

Ambala

CC/259/2021

Lal Chand - Complainant(s)

Versus

HATHOT - Opp.Party(s)

In Person

09 Feb 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case no. : 259 of 2021

                                                          Date of Institution :  23.08.2021

                                                          Date of decision     :  09.02.2022.

         

Lal Chand son of Banarsi Dass, resident of House No.1671, Sector-10, Housing Board Colony, Ambala City Tehsil Ambala City, District Ambala (Haryana).                                                                                                                                                                                                   …......Complainant.

                                                          Versus

1.       HATHOT, (Seller of BULBUL SHOPING SHOP) Regd Office-342, 2^nd       Floor, Street No.1, Mahipalpur Extn, New Delhi-110037 (Through its Branch Manager)

2.       Regd. Office Bulbul Shopping Network Private Limited Corporate, 5^th          Floor, Plot No.44, Sector-44 Gurugram, Gurgaon-HR-122003 (Through     its Chief Manager).

 

                                                                               ….…. Opposite Parties.

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.          

                            

Present:       Complainant in person.

OPs No.1 & 2 proceeded against ex parte vide order dated         09.11.2021.

 

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund Rs.1799/-, i.e the cost of Smart Watch alongwith interest.  
2. To pay Rs.10,000/- as compensation for the  mental agony and physical harassment suffered by complainant.
3. To pay Rs.2,000/-, as litigation costs.
4.  

Any other relief which this Hon’ble Commission may deem fit.

1.                 Brief facts of the case are that the complainant is the resident of Ambala City and OP No.1 is situated at New Delhi. OP No.2 is the Regd/head office of Bulbul Shopping Network Private Limited, Gurugram (HR). Complainant purchased a Smart Watch from Hathot (seller of Bulbul Shopping Shop), i.e. OP No.1, vide order No.BB-1876-2318965 order Line ID-2422127, by paying an amount of Rs.1,799/-vide invoice No.4112022-1931 dated 06.08.2021. On 06.08.2021, after receiving the delivery of the package, complainant opened the same, he got shocked to see that there was no watch in the box and had shown the empty watch box to the delivery boy, who told the complainant that it was not his duty to check the box, his duty is only to deliver the packet, as per order. Complainant informed the OP No.1, telephonically and also forwarded a message through whatsapp that he received empty box without smart watch against order No.BB-18-76-2318965, order Line I.D. 2422127, and requested it to solve his problem immediately. Complainant repeatedly requested  the OP No.1 to do the needful, but of no avail. By not delivering the smart watch, the OPs have not only committed deficiency in service but have also indulged into unfair trade practice. Hence, the present complaint.

2.                 Upon notice, none appeared on behalf of the OPs before this Commission, therefore, they were proceeded against ex-parte vide order dated 09.11.2021.

3.                 Complainant tendered his affidavit as Annexure CA along with documents Annexure C-1 to C-7 and closed the evidence.

4.                 We have heard the complainant and have also gone through the record very carefully.

5.                Complainant has contended that on 06.08.2021, he placed an order with the OPs, for the purchase of Smart Watch, worth Rs.1,799/-. On 06.08.2021, after receiving the packet from the delivery boy, he opened the same and found that box was empty. He had shown the empty box to the delivery boy and also lodged a complaint with the OPs, but nothing was done by them. To prove his case, complainant has placed on record the photo of the empty box, Annexure C-4, except that no other document has been produced on record by him.  Merely on the basis of the photo of the empty box conclusion cannot be drawn that the box did not contain the Smart Watch. In the absence of any cogent and convincing evidence, we do not find any force in the contention of the complainant. The complaint filed by the complainant is devoid of merits, consequently, we dismiss the same, with no order as to costs.  Certified copy of this order be supplied to the complainant, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 Announced on:09.02.2022

 

 

 

          (Vinod Kumar Sharma)        (Ruby Sharma)          (Neena Sandhu)

              Member                             Member                   President

 

 

Present:       Complainant in person.

OPs No.1 & 2 proceeded against ex parte vide order dated         09.11.2021.

 

Vide our separate detailed order of even date, the present complaint has been dismissed. File be consigned to Record Room, after due compliance.

Announced on: 09.02.2022.

 

 

 

          (Vinod Kumar Sharma)  (Ruby Sharma)               (Neena Sandhu)

              Member                         Member                       President