DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FAZILKA.
Complaint No. – CC/27/2023
Date of Institution: 03.07.2023
Date of Decision: 12.03.2024
Even Sidana alias Evenpreet Singh Sidana S/O Manjeet Singh aged 24 years, R/O H.No.1753A/218, Near Gurudwara Shri Guru Arjan Dev Ji, Main Street, Gandhi Nagar, Jalalabad, Tehsil Jalalabad (W), District Fazilka. Mobile No.88048-60001.
...Complainant
Versus
Hire-IT Technologies Private Ltd, C-6, Mansarovar Garden, Near Mayapuri Chowk, First Floor, New Delhi, Pin:110015 through its authorized person.
...Opposite Party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Quorum: Sh. Vishal Arora, President.
Sh. Raghbir Singh Sukhija, Member.
Smt. Tajinder Kaur, Member.
CC/27/2023
Present: Sh. Jai Paul Suthor, Counsel for Complainant.
Opposite Party Exparte.
ORDER
(Vishal Arora, President):
Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 for seeking directions to opposite party to deliver the Canon Pixma IX 6870 Inkjet Printer to the complainant and to return back an amount of Rs.23,000/- along with interest from the date of its purchase besides Rs.1,00,000/- as compensation for harassment and deficiency in service & litigation expenses to the tune of Rs.22,000/-
2. Briefly stated, the case of complainant is that he purchased a Canon PIXMA IX 6870 Inkjet Printer for Rs.23,000/- vide order no.1247 dated 23.12.2022 from opposite party and payment of said printer was made by the complainant through UPI ID bearing No. UPI/P2M/235761935955/DETECHDE/ICICI Ban/DETECHD and the opposite party confirmed the order and sent Text SMS “Thanks for your purchase from Hire-IT Technologies” on 23.12.2022. It has been pleaded that after lapse of few weeks, when the complainant did not receive the above said delivery from the opposite party, the complainant called the opposite party as well as also chatted on whatsapp with the authorized person/employee of the opposite party
CC/27/2023
and asked about non delivery of the item or otherwise refund the amount of the printer, but to no effect. It has been averred that neither the complainant had received the product nor the opposite party has refunded the amount of printer. The complainant intimated the opposite party on several occasions by way of telephonic conversation in respect of the service availed from opposite party and complainant repeatedly approached the opposite party again for settling the dispute and for providing proper services to him but all in fruitless. The complainant also served upon opposite party a legal notice through counsel dated 25.01.2023 but till today neither the opposite party has delivered the item nor refunded the amount of printer. Pleading deficiency in service and unfair trade practice on the part of the opposite party, the complainant has prayed for acceptance of the present complaint.
3. The Counsel for complainant was heard with regard to admission of complaint and vide order dated 11.07.2023, complaint was admitted and notice was ordered to be issued to the opposite party. Despite service of notice, nobody appeared on behalf of opposite party either in person or through counsel, as such, opposite party was proceeded against Ex-parte vide order dt 03.10.2023.
CC/27/2023
4. The complainant along with the present complaint has placed on record Copies of, adhar Card Ex C-1, payment conformation order dated 23.12.2022 Ex C-2, screenshot regarding payment through UPI Ex C-3, whatsapp chat Ex C-4 and legal notice Ex C-5. Since the opposite party has not come present and remained exparte, the contentions of complainant and documents exhibited on record by the complainant have remained unrebutted and unchallenged.
5. We have heard exparte arguments of the learned counsel for the complainant and have also carefully gone through the record.
6. It has been vehemently argued by the Ld. counsel for complainant that grievance of complainant is that he purchased one Inkjet printer make Canon from opposite party vide order No.1247 dated 23.12.2022 for Rs.23,000/- through UPI ID bearing No. UPI/P2M/235761935955/DETECHDE/ICICI Ban/DETECHD and the opposite party confirmed the order. But the opposite party despite issuance of legal notice, has neither delivered said printer nor refunded the cost of printer.
CC/27/2023
7. Complainant in support of his claim besides his affidavit & copy of aadhar card Ex.C-1, has also placed on record photocopy of confirmation for order #1247 Ex.C-2 dated 23.12.2022, vide which, the opposite party has informed complainant that one piece of Canon PIXMA IX 6870 Inkjet Printer for Rs.23,000/- has been packed and is about to be shipped with further mention of the fact that once it is shipped, complainant will receive an email with a courier tracking ID and a link for the same. Copy of screenshot regarding payment through UPI Ex C-3 shows payment of Rs.23,000/- on 23rd December, 2022 vide UPI/P2M/235761935955/DETECHDE/ICICI Ban/DETECHD and copy of whatsapp chat Ex C-4 confirms sending of some SMS by the complainant on the mobile of opposite party regarding his grievance wherein opposite party has admitted the sale of printer in question.
8. From the pleadings, evidence and the arguments advanced by the Ld. counsel for the complainant, it stands established that the printer in question was purchased by complainant on 23.12.2022 by making payment of Rs.23,000/- but the opposite party till date has neither delivered the printer nor refunded the cost of printer.
CC/27/2023
9. Despite service, the opposite party did not appear to contest the present complaint and opted to remain ex-parte. Complainant has placed on record unrebutted evidence and we have no reason to disbelieve the version put forward by the complainant. So, neither delivering the printer in question to the complainant for more than 1 year 2 months from the date of purchase despite receipt of payment nor refunding its cost price clearly amounts to deficiency in service on the part of opposite party, for which complainant is entitled to suitable relief. As the printer pertains to the year 2022 which has become outdated in the modern era of technological advancement, it is not feasible and practical to direct opposite party to deliver the same to the complainant. As such, the opposite party is required to refund its purchase price.
10. In view of what has been discussed above, the present complaint is allowed ex-parte against opposite party with Rs.5000/- as compensation for deficiency in service on the part of opposite party, harassment, mental tension & agony suffered by the complainant and litigation expenses to the tune of Rs.3,000/-. The opposite party is directed to refund the purchase price of printer in question i.e. Rs.23,000/- with interest @ 6% per annum from the date of purchase of printer in question
CC/27/2023
i.e. 23.12.2022 till actual realization within a period of forty five days from the date of receipt of copy of this order, failing which opposite party shall be liable to pay the awarded amount with interest @9% per annum. Copy of order be issued to the parties free of costs. File be indexed and consigned to the record room.
ANNOUNCED IN THE OPEN COMMISSION:
12th Day of March, 2024
(Vishal Arora)
President
(Raghbir Singh Sukhija)
Member
(Tajinder Kaur )
Member
