Haryana

Karnal

CC/338/2020

Rohan Chaudharuy - Complainant(s)

Versus

HP India Sales Private - Opp.Party(s)

Baldev Raj

24 Feb 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                       Complaint No. 338 of 2020

                                                        Date of instt.02.09.2020

                                                        Date of Decision:24.02.2022

 

Rohan Chaudhary aged about 25 years son of Shri Mahesh Kumar resident of house no.2062 Sector-13, Urban Estate Karnal, mobile no.89502 67100 (Aadhaar no.7901 2679 8087)

 

                                               …….Complainant.

                                              Versus

 

HP India Sales Pvt. Building no.2, DLF Cyber Green, 2^nd and 3^rd floor, Tower D & E, DLF Cyber City, Phase-III, Gurugram-122002, Haryana.

 

                                                                      …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

              Dr. Rekha Chaudhary…..Member

  

 Argued by: Shri Baldev Raj, counsel for complainant.

                    Shri Akshat Sharma, counsel for opposite party.

 

                    (Jaswant Singh President)

 

ORDER:   

                

                   The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant doing the work of web development at Karnal and for expansion of his work he was in need of a laptop. Complainant booked a laptop of OP company (online) having model no.HP15S-EQ0024AU with extended warranty on 05.06.2020, vide order ID no.101300000450360. After getting the order, OP charged an amount of Rs.42398/- from the complainant. After getting payment, OP delivered a message to complainant that laptop will be delivered uptil 11.06.2020. Till 11.06.2020 said laptop was not delivered to the complainant, hence on 12.06.2020 he sent message to the OP about the delivery of the laptop. On 19.06.2020 and 26.06.2020, the OP send the message that the product will be delivered on 11.06.2020 which shows the negligence and carelessness on the part of the OP. On 22.06.2020, complainant send a mail to the Operational Manager of OP and he replied the same on 23.06.2020 through mail that product is packed and ready to dispatch and will be delivered to complainant within 8-10 days. Complainant waited for sufficient long time but the laptop has not been delivered to the complainant. The complainant send several mails to the OP but OP has been postponing the matter on one pretext or the other. In this way non-delivery of the laptop within agreed period amounts to deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to maintainability and concealment of true and material facts. On merits, it is pleaded the order of the  complainant for the supply of laptop was cancelled due to no stock availability on 03.08.2020, there was no possibility to dispatch the ordered laptop due to non-availability of the laptop, the OP  has intimated the fact that the laptop booked cannot be delivered due to no stock availability, subsequently, an email was sent to the complainant, wherein the OP had offered to refund the amount paid for the laptop through NEFT and had requested the complainant to share the account details with the copy of the cancelled cheque, but the complainant has failed to share the account details with company and has filed the present complaint suppressing the material facts from this Commission. It is further pleaded that OP is ready, willing the offers to refund the amount paid towards the laptop without any interest, compensation and costs claimed as the same is not permissible or feasible as per the policy of OP, the complainant is requested to share the account details to the OP. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Complainant has tendered into evidence his affidavit Ex.CW1/A, copies of emails Ex.C1 to Ex.C10 and closed the evidence on 28.12.2021 by suffering separate statement.

5.             On the other hand, OP has tendered into evidence affidavit of Girish Ex.RW1/A, copy of Board Resolution Ex.R1, copy of email Ex.R2 and closed the evidence on 28.12.2021 by suffering separate statement.

6.             We have heard the learned counsels of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that Complainant booked a laptop of OP company on 05.06.2020, vide order ID no.101300000450360, for which OP charged an amount of Rs.42398/- from the complainant. After getting payment, OP delivered a message to complainant that laptop will be delivered uptill 11.06.2020 but OP failed to deliver the laptop as per their promise. Complainant waited for sufficient long time but the laptop has not been delivered to the complainant. Hence, prayed for allowing the complaint.

8.             Per contra, learned counsel for OP, while reiterating the contents of the written version, has vehemently argued that order of complainant for supply of laptop was cancelled due to non-availability of the stock. OP is always ready to refund the amount paid by the complainant for the laptop. Hence, prayed for dismissal of the complaint.

9.             Admittedly, the complainant booked a laptop of the OP company after payment of Rs.42,398/-. It is also admitted fact that laptop was not delivered to the complainant as per promises.

10.           As per version of the OP, OP company is unable to provide the laptop to the complainant due to non-availability of the stock and OP company informed the complainant in this regard and requested to share the account detail for refund of the amount deposited by him with the OP but complainant failed to share his account detail.  Further, OP in his written version stated that OP company is/was always ready to refund the booked amount to the complainant. In support of its version, OP placed on record copy of email Ex.R2 in which OP requested the complainant to share his account details in format below with cancelled cheque copy for refund of the amount through NEFT mode.

11.           On perusal of the written version and email Ex.R2, we are of the considered view that OP is ready to refund the amount deposited by the complainant but complainant himself failed to supply the account details. Complainant has also failed to rebut the plea taken by the OP. The onus to prove his stand lies upon the complainant but complainant failed to prove the same by leading any cogent and convincing evidence.  Hence at the stage, there is no deficiency in service and unfair trade practice on the part of the OP.

12.           In view of the abovesaid discussion, we dispose of the present complaint with the direction to OP to refund the amount of Rs.42,398/- to the complainant. No order as to costs. This order shall be complied with within 45 days from the date of receipt of copy of this order failing which this amount will carry interest @ 9% per annum from the date of this order till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:24.02.2022.

                                                                       

                                                        President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

       

                (Vineet Kaushik)        (Dr. Rekha Chaudhary)      

                      Member                        Member