BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 309 of 2017 Date of Institution : 28.11.2017
Date of Decision : 27.3.2018.
Gori Shankar son of Shri Laxmi Narain, resident of village Chotala, Tehsil Dabwali, District Sirsa.
……Complainant.
Versus.
1. Homeshop18 (online Shopping), 7th Floor, FC-24, Sector-16A, Managing Director/ Director/ Signatory Authority, 7th Floor Film City, Noida- 201301, Uttar Pradesh.
2. Spectacular Media Marketing Private Limited, C/o Acorn Warehouse & Logistic Park 68, Village Kapriwas & Malpura Taluq- Dharuhera, Tehsil & District Rewari through its Manager/ Proprietor.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. MOHINDER PAUL RATHEE……MEMBER
Present: Sh. M..S. Dandiwal, Advocate for the complainant.
Sh. Sudhir Kumar, Advocate for applicants/ opposite parties.
(Opposite parties proceeded exparte vide order dated 23.2.2018)
ORDER
In brief, the case of the complainant is that complainant placed an order to the opposite party no.1 to purchase a Jio Wi-fi device at phone number 1800-103-1818 on 24.2.2017 and they told that there is unlimited voice calling for life time and Jio unlimited Data up to 31.3.2017 in the Jio Wi-fi device. That opposite party no.2 booked the order no.1009661869 of the complainant and told the price of the device as Rs.2200/-, the product code of which is 34095371 (1-4250655). It is further averred that opposite party no.1 through its sub order no.145966355 delivered the Jio wi-fi device to the complainant on 28.2.2017 and complainant made the payment of Rs.2200/- at that time. It is further averred that unlimited data which was in the scheme was given up to 31.3.2017 but unlimited voice calling remained continued but in the August, 2017, a message was received to the complainant from Jio company to get recharged the Jio Wi-fi otherwise his unlimited voice calling will be stopped. The complainant was astonished to read the message because the complainant gave the order of Jio Wi-fi to the opposite party no.1 as per unlimited voice calling for life time and in the bill also this fact was mentioned. It is further averred that thereafter complainant made a call to the customer care of Jio company and told that he purchased the Jio Wi-fi from opposite party no.2 through home shopping as they told to the complainant about the scheme of life time voice calling and after that he placed an order of device to op no.1. The customer care of Jio told the complainant that they are not having such scheme and thereafter he contacted with ops no.1 and 2 but they did not give any satisfactory reply to him. That opposite parties no.1 and 2 in connivance with each cheated the complainant. The opposite party no.1 had given offer of life time free unlimited voice calling but the company stopped the said scheme and now they are not giving the said facility to the complainant as per the order. Hence, this complaint.
2. On notice, initially none appeared on behalf of opposite parties no.1 and 2 and as such they were proceeded against exparte vide order dated 23.2.2018 and when the case was fixed for evidence of complainant, an application for setting aside exparte order dated 23.2.2018 was filed on behalf of ops and that application was dismissed vide detailed order dated 12.3.2018 but however the ops were given liberty to join the proceedings at that stage.
3. The complainant produced his affidavit Ex.C1, copy of delivery receipt Ex.C2 and copy of aadhar card Ex.C3.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. The complainant in order to prove his case has furnished his affidavit Ex.C1 in which he has reiterated all the averments of his complaint. From the copy of delivery receipt Ex.C2, it is evident that complainant purchased the Jio wi-fi device from opposite party no.2 through opposite party no.1 for a sum of Rs.2200/- and said product was delivered to the complainant at his residence by opposite party no.1 after receipt of Rs.2200/- from the complainant at the time of delivery. In the said delivery receipt Ex.C2 issued by Spectacular Media Marketing Private Limited i.e. opposite party no.2, in the column of Freebie it is mentioned that 1. Unlimited Voice calling for lifetime, 2. JIO happy new year offer- unlimited data till 31 March, 2017 but according to complainant despite the said offer, the facility of unlimited voice calling for lifetime has been stopped by the company. No doubt, the pleadings and evidence of the complainant against the opposite parties no.1 and 2 goes as unchallenged and unrebutted as ops no.1 and 2 could not contest the complaint in time rather opted to be proceeded against exparte but however it is to be seen that the said facility of free voice calling has been stopped by Jio company which has not been impleaded as a party to the present complaint. It is also an admitted fact that complainant has not made any extra payment to the opposite party no.2 for said facility. The complainant purchased the said device from opposite party no.2 through op no.1 and op no.1 duly delivered the same to the complainant at his residence, therefore, no liability of op no.1 of any kind is made out. But however as on the delivery receipt issued by opposite party no.2, the offer of unlimited voice calling for life time is mentioned which has now been stopped, it can be said the opposite party no.2 has adopted unfair trade practice towards complainant by mentioning such type of offer.
6. In view of the above, we allow the present complaint qua opposite party no.2 and direct the opposite party no.2 to pay a sum of Rs.3000/- as composite compensation and litigation expenses to the complainant within a period of 30 days from the date of receipt of copy of this order. However, complaint qua op no.1 is dismissed. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:27.3.2018. Member District Consumer Disputes
Redressal Forum, Sirsa.
