Tripura

West Tripura

CC/105/2016

Sri Uttam Chandra Saha. - Complainant(s)

Versus

Jasper Infotech Pvt. Ltd. (Snapdeal) & Others. - Opp.Party(s)

Mr.S.Pandit.

15 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-  105  of  2016

Uttam Chandra Saha,
S/O- Lt. Momohan Saha,
Office of Consumer Disputes 
Redressal Forum, 
Gurkhabasti, Agartla,
West Tripura.            ..........Complainant.

             ___VERSUS___
1. Jasper Infotech Pvt. Ltd.,
(Snapdeal),
246, 1st Floor, Phase III,
Okhla Industrial Area,
New Delhi- 110020.

2. Great Deals,
First Floor, House No- 998,
Street No. 8, Block-B,
Baba Colony,
New Delhi- 110 084.

3. Xpress Bees Courier,
Agartala Branch,
Dhaleswar Road No. 1,
Indranagar, Agartala,
West Tripura.            ...........Opposite parties.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the complainant    : In person
                  
For the O.P.  No.1        : Sri Awanish Kumar,
                  Sri Abheek Saha,
                  Sri Kajal Nandi,
                  Advocates.
                                               
    JUDGMENT  DELIVERED  ON: 15.03.2017

J U D G M E N T
        This case arises on the petition filed by Uttam Chandra Saha. Petitioner's case in short is that he purchased one Suryamate A-8 2000 W Induction Cooktop from the Snapdeal. On 19.10.16 item was booked. Its price was Rs.1283/-. On 24.10.16 it was delivered by Xpress Bees Courier Service. After opening the packet it was found that the Induction oven was in broken condition. Within 48  hours he sent mail for refund of the amount. But Snapdeal did not take step. Xpress Bees also did not agree to take it back. Then he filed the case. After filing of the case Snapdeal returned the amount Rs.1283/-. 
2.        Xpress Bees appeared but filed no written written objection denying the claim. So, evidence of the petitioner was recorded. 
3.        Petitioner also produced the documentary evidence. The Email order copy and other description about the item. Email copy. Petitioner also examined himself as a witness.
4.        We have gone through all the documents and also oral evidence given by the petitioner. From the Email communication and the reply given by the Snapdeal it is admitted and established fact that in response to the order given by the petitioner the induction oven was sent in the address of the petitioner. Snapdeal was the seller through online. The manufacturer, O.P. No.2 did not come into picture as petitioner has no scope to communicate with them before or after purchase. Xpress Bees carried the item from the manufacturer and it was handed over to the petitioner. Snapdeal being the seller admitted the liability and paid the price. We consider that due to the deficiency of service of Xpress Bees the item was broken. The induction oven was in intact position when it was packet. But it was broken later at the time of  carrying by the O.P. Courier service but courier service did not express it. We consider that the Xpress Bees had a liability for this damage. Petitioner did not receive the Suryamate Induction oven in time. Xpress Bees courier service can not avoid its responsibility. We direct Xpress Bees, Agartala Branch to pay compensation amounting to Rs.2,000/- to the petitioner. As the O.P. No.1, Snapdeal already paid the price of the induction  oven so nothing awarded against them. 
5.        In view of our above findings over the matter we direct the Xpress Bees Courier service to pay Rs.2,000/- to the petitioner within one month. If not paid it will carry interest @ 9% P.A.  
        
Announced.

 

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.