DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.22 of 2016
Date of institution: 11.01.2016 Date of decision : 11.11.2016
Sushma Saini wife of Shri Vijay Kumar, resident of House No.1393, Ward No.15, Mohalla Choudhrian Wala, Dera Bassi, Tehsil Dera Bassi, District SAS Nagar (Mohali), Punjab 140507.
……..Complainant
Versus
1. Home Shop 18, 7th Floor, FC 24, Sector 16-A, Filmcity, Noida (UP)
2. OXIZN Trading Pvt. Ltd., Plot No.34, Pragati Vihar, Sector 59, Faridabad (Haryana).
………. Opposite Parties
Complaint under Sections 12 of
the Consumer Protection Act.
Quorum
Shri Amrinder Singh Sidhu, Presiding Member.
Mrs. R.K. Aulakh, Member.
Present: Complainant in person.
Opposite parties ex-parte.
ORDER
By Amrinder Singh Sidhu, Presiding Member.
The complainant has filed the present complaint pleading that she hasplaced an order for a pack of 7 printed French Crepe Dress Materials of Zoha by watching TV Show of Home Shop 18 vide order No.982629483, sub Order No.117841363 which was delivered to the complainant on 14th December, 2015 on payment of Rs.2,098/- on the delivery of the product. The product delivered is not as shown on the TV and quality of the fabric is very low. So complainant approached Home Shop 18 again and made a complaint about the product. The OPs asked her to sent back the parcel at the address of OP No.2. Complainant sent the parcel through Post Office, Dera Bassi vide order No.EP335967265 IN by paying an amount of Rs.239/- on said parcel on dated 15.12.2015. On 22.12.2015 the said parcel came back with remarks that OP No.2 refused to accept the above said parcel. Lastly complainant prayed for refund of the cost of suits and parcel postage charges of Rs.239/- alongwith interest @ 18% and pay a sum of Rs.10,000/- for physical strain and mental agony suffered by complainant and also Rs.1,000/- towards cost of petition (complaint).
2. After admission of complaint, notice was sent to the OPs but the OPs refused to accept it and further did not appear before this Forum to file their written version. Therefore, they were proceeded against ex-parte.
3. To prove her case, the complainant tendered in evidence her affidavit Ex.CW-1/1; computer generated bill Ex.C-1; original postal receipt Ex.C-2; bill Ex.C-3 and returned envelope Ex.C-4.
4. We have heard the complainant and we have gone through the record of the file.
5. Our view is that complainant is consumer of the OPs as she purchased the product from OP No.1 for consideration of Rs.2,098/-. Complainant proved payment of Rs.2,098/- vide Ex.C-1 which is invoice/tax/cash memo dated 08.12.2015. When the complainant found that the product delivered is not as shown on the TV and the quality of the fabric is very low, then she approached OP No.1 and made a complaint about the product. The OPs asked the complainant to send back the parcel at the address of OP No.2. The complainant sent the parcel through Post Office, Dera Bassi vide Order No. EP335967265 IN by paying an amount of Rs.239/- on dated 15.12.2015. The complainant proved it vide Ex.C-2 which is postal receipt of parcel. On 22.12.2015 the said parcel came back again stating reason that OP No.2 refused to accept the above said parcel.
It is proved by complainant that OP No.2 has refused to accept the parcel vide Ex.c-4 which is ‘returned envelope of parcel’. The complainant has proved her complaint to the extent of possibilities of probabilities that the OPs are guilty of unfair trade practice whereas the OPs preferred to remain absent. They refused to accept the notice and they did not come present in this Forum to file their written version. So they failed to rebut the complaint of the complainant in any manner.
As OP No.1 failed to refund the amount to the complainant, so both the OPs are held guilty of unfair trade practice. Therefore, OP No.1 is directed to;
(1) refund cost of suits i.e. Rs.2,098/- (Rs.Two thousand ninety eight only) alongwith interest @ 8% per annum from the date of purchase i.e. 15.12.2015 till the actual date of refund.
(2) pay lump sum compensation and costs of Rs.6,000/- (Rs. Six thousand only).
Compliance of this order be made within a period of 45 days of this order.
The arguments on the complaint were heard on 03.11.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 11.11.2016
(Amrinder Singh Sidhu)
Presiding Member
(Mrs. R.K. Aulakh)
Member
