Punjab

Fatehgarh Sahib

CC/28/2017

Ashok K Gupta - Complainant(s)

Versus

Homeshop 18 CEO Sanjeev agarawal - Opp.Party(s)

Complainant In person

21 Mar 2018

ORDER

  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 28 of 2017

                                                     Date of institution : 26.04.2017              

                                              Date of decision    : 21.03.2018

 

Ashok Kumar Gupta, aged about 45 years, son of late Sh. Som Nath Gupta, resident of Madhuban Vatika, House No.182, Ward No.5, Aman Colony, Sirhind, Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

1. HomeShop 18 Customer Care Department, 7^th Floor, FC-24, Sector 16-A, Film City, Noida-201301, Uttar Pardesh through its CEO Sanjeev Agrawal.
2. Jivaass Communication Private Limited, A-55, Ist Floor, Sector 83, Noida 201304, Uttar Pardesh, through its directors Vineeta Gupta and Jaydeep Basant Gupta.

…..Opposite Parties

Complaint Under Sections 11 to 14 of the Consumer Protection Act.               

Quorum

Sh. Ajit Pal Singh Rajput, President                          

              Sh. Inder Jit, Member

 

Present :        Sh.Ashok Kumar Gupta, complainant in person.

                      Sh. R.S.Grewal, Adv.Cl. for OP No.1.

                      Opposite party No. 2 exparte.

ORDER

 

By Inder Jit, Member

                      Complainant, Ashok Kumar Gupta, aged about 45 years, son of late Sh. Som Nath Gupta, resident of Madhuban Vatika, House No.182, Ward No.5, Aman Colony, Sirhind, Tehsil and District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 11 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.           The complainant booked an online order No.999360469 with OPs on 14.08.2016 for the purchase of an Ezy Home Chopper with Re-sealer and Cutter and made the payment of Rs.999/- from his bank account. The OPs delivered the said product at the house of the complainant and issued invoice No.JIVA/16-17/41412 to the complainant. After receiving the said product it was noticed by the complainant that the same was defective one. The complainant had a talk with the concerned authorities and he returned the said product to OP No.2 through courier on 23.08.2016. At the time of return of the said product the complainant was assured by the OPs that the amount of Rs.999/- will be refunded to complainant within 2-3 days, but to no effect.  The amount has not been refunded to the complainant despite number of complaints lodged by the complainant with OPs. The act and conduct of the OPs amounts to gross negligence, deficiency in service, carelessness and unfair trade practice on their part. Hence, this complaint for giving directions to the OPs to refund an amount of Rs.999/- i.e. price of the product and Rs.50,000/- as compensation for mental tension, pain, agony, undue and unnecessary harassment being suffered by the complainant.
3. Notice of the complaint was issued to the OPs, but OP No.2 chose not to appear to contest this complaint. Hence, OP No. 2 was proceeded against exparte vide order dated 16.06.2017 passed by this Forum.
4. The complaint is contested by OP No.1. In reply to complaint OP No.1 raised certain preliminary objections, inter alia, that the present complaint is false, incorrect, baseless and misconceived and the same is liable to be dismissed with heavy costs; the present complaint is not maintainable under the Consumer Protection Act and this Forum has got no jurisdiction to try and decide this complaint as disputable questions of law and facts are involved. As regards the facts of the complaint, it is stated that the complainant received the product in question on 19.08.2016 along with the warranty card of the product. The warranty card can be availed by the complainant in case of non working or any defect in the product during warranty period from the manufacturer of the product in question subject to the terms and conditions stipulated in the warranty card. The complainant had called the call centre representative of OP No.1 with regard to his alleged grievance and asked for replacement of the product. The official of OP No.1 asked the complainant to send back the product on given address for replacement. After getting information regarding delivery of product at merchant address after a substantial delay caused by complainant, the OP initiated the replacement procedure and informed the complainant about the same. When the process of replacement completed, OP No.1 tried to communicate with complainant but he did not pick up the phone nor contacted OP No.1 again.  It is further stated that OP No.1 is neither a manufacturer nor a vendor or a service provider of the product in question.  OP No.1 is only an electronic intermediary, which provides a platform/venue to both the buyers and sellers to buy and sell the product through its Website. Goldluch Impex is the seller of the said product and is solely bound to provide after sales service to the complainant subject to the terms and condition of the warranty. OP No.1 merely acts as a facilitator by providing the HSN18 Portal for the sellers to sell their products to the customers. There is no deficiency in service on the part of OP No.1. After denying the other averments made in the complaint, OP No.1 prayed for dismissal of the complaint.
5. In order to prove his case, the complainant tendered in evidence his affidavit Ex. C-1, copy of bill Ex. C-2, courier slip Ex. C-3, printout of placed orders as Ex. C-4 & C-5 and closed his evidence.  In rebuttal OP No.1 tendered in evidence affidavit of Apurv Narula Ex. OP1/5 along with documents Ex. OP1/1 to OP1/4 and closed the evidence.
6. The complainant argued that he had purchased an Ezy Home Chopper with Re-Sealer and Cutter worth Rs.999/- from the OPs through online mode. OP No.2 issued the cash memorandum dated 16.08.2016 in this regard. The product was found to be defective when opened. The complainant immediately contacted the OPs and on their assurance for refund of Rs.999/-, within 2-3 days, he returned the product through courier to OP No.2 on dated 23.08.2016. But OP No.2 till date has not refunded the amount. He further stated that he purchased the product from OPs and paid the price to the OPs. Hence, he wants to get the refund and compensation from the OPs. He argued that the refund of Rs.999/- alongwith heavy compensation may be ordered to be paid.
7. On the other hand, Ld. counsel for OP No.1 argued that the case be decided on the basis of his written version and evidence.
8. We have gone through the pleadings, evidence produced on record and verbal arguments etc. OP No.2, who chose not to appear and was proceeded against exparte, had issued the cash memo for the defective product in question and the same was returned to OP No.2 by the complainant when defect came to his knowledge. As per Ex. OP1/4, Ezy Home products are warranted for one year against all manufacturing defects from the date of sale. Hence, we are of the opinion that OP No.2 has proved to be deficient in service. Accordingly, we accept this complaint against OP No.2 only and direct him to refund the amount of the aforesaid defective product i.e. Rs.999/- to the complainant along with compensation of Rs.2000/- within 45 days from the date of receipt of certified copy of this order. OP No.1 cannot be held responsible for the defect detected in the product by the complainant because OP No.1 provides only market place for advertisement of product of sellers/manufacturers etc.  However, we direct OP No.1 to put up the matter with OP No.2 and facilitate that the awarded amount is refunded/paid to the complainant within the stipulated period
9. The arguments on the complaint were heard on 13.03.2018 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:21.03.2018

(A.P.S.Rajput)               President

 

(Inder Jit)              Member