(1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 16.10.2015

                    Smt. Karishma Mandal

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to refund the price of HD Spy Pen Camera and delivery charge along with interest @ 18% per annum from date 19.10.2011 till its final payment.
2. To pay Rs. 20,000/- as Compensation.
3. To pat Rs. 10,000/- as Litigation costs.

2. Brief facts of the case which led to the filing of complaint are as follows:-

1. The complainant purchased a new HD Spy pen camera on 19.10.2011 for his personal use ( Vide Annexure – 1 ) and the HD Spy Pen Camera was sent to the complainant through First Flight courier and the same was delivered to the complainant on 23.09.2011.
2. The complainant found that the HD Spy Pen Camera delivered to the complainant is defective and is not functioning. He immediately dialled the customer care no. 0987684888 and 0998948888 and lodged the complaint with customer care of India Times Shopping and also sent the E - mail to customer service @ India Times Shopping from 24.09.2011 till 29.09.2011 and requested to refund the price of HD Spy Pen Camera paid i.e. the amount of Rs. 999/- and the delivery charge Rs. 99/-. But it is very much unfortunate to state that till date no any step has been taken by the opposite party to redress the grievance of the complainant.
3. It is relevant to mention that at the time of giving order of HD Spy Pen Camera the complainant was assured that if any defect is developed in the HD Spy Pen Camera within one month of receipt of the product then the price of the product and delivery charge shall be refunded. The complainant lodged the complaint with opposite party within one month of receipt of HD Spy Pen Camera and requested to refund the price of HD Spy Pen Camera and delivery charge even then the price of HD Spy Pen Camera and delivery charge have not been refunded to the complainant till date which amounts to unfair trade practice on the part of the opposite parties.
4. The complainant also lodged the complaint with core centre. He was informed that the complaint made by the complainant is registered and the complaint no. is 31439/2011.

Despite notices being served, the opposite parties neither filed any power nor written statement in opposition to the contention of the complainant made in the complaint petition and as such this case was heard ex – parte.

We have also gone through the record.

In absence of any counter version in this case we accept the contention of the complainant duly supported with an affidavit to be true and thus hold the opposite parties responsible for deficiency in service.

Accordingly We direct the opposite parties jointly and severally to refund the price of the HD Spy Pen Camera i.e. Rs. 999/- ( Rs. Nine Hundred Ninety Nine only ) to the complainant within the aforesaid period of two months from the date of receipt of this order. Prior to receipt of money the complainant will have to return the old HD Spy Pen Camera to the opposite parties.

Aforesaid opposite party no. 1 is further directed to pay Rs. 3,000/- ( Rs. Three Thousand only ) to the complainant as composite charge for compensation and litigation costs within the aforesaid period of two months.

Accordingly, this case stands allowed to the extent indicated above.

                                        Member                                                                   President