Delhi

East Delhi

CC/699/2014

DANISH - Complainant(s)

Versus

JUMBO - Opp.Party(s)

30 May 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 699/14

 

Shri Danish Jain

Through his father Sh. Sunil Jain

R/o 1/10838, Street No. 4

Subhash Park, New Shahdara,

Delhi – 110 032                                                                              ….Complainant

 

Vs.

 

M/s Jumbo Electronics Corporation Pvt. Ltd.

S-105 & 106, 2^nd Floor, V3S East Center

Laxmi Nagar District Center,

Main Vikas Marg, Delhi – 110 092                                            ….Opponents

 

 

Date of Institution: 07.08.2014

Judgment Reserved for : 30.05.2016

Judgment Passed on : 31.05.2016

 

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

 

The complainant Shri Danish Jain has filed a complaint against M/s Jumbo Electronics Corporation Pvt. Ltd. for refund of Rs. 1,000/- and Rs. 90,000/- on account of compensation for harassment, mental agony and pain along with Rs. 15,000/- on account of litigation charges. 

2.        The facts in brief are that the respondent gave an advertisement in the newspaper and after looking the said advertisement, the complainant booked a Laptop of HP with series HP15 P00ITX, which was to be delivered within 4-5 days.  He made an advance payment of Rs. 1,000/- to the respondent against receipt No. 546 dated 07.07.14.  In 11.07.14, when the complainant visited at the office of the respondent and asked for delivery of the booked laptop, he was shocked when the respondent clearly refused for delivery of laptop with lame excuses.   When the complainant did not get any satisfactory reply, he sent a detailed email on 11.07.2014, clearly mentioning “reply me immediately as student my studies are suffering otherwise I will register a complaint against you in consumer court”.  However, the complainant did not get any reply.  He again sent letters of dated 12.07.14, 13.07.14, 14.07.14 and 15.07.14.  However, the complainant did not get any satisfactory reply. 

When he did not get any reply by the officers of the respondent, he visited at another branch of Jumbo Electronics Corp. Pvt. Ltd, GIP Mall, Shop No. 3278, 3^rd Floor, Sec-35A, Noida – 201301, and purchased the laptop against receipt no. 10028 dated 16.07.14.  Thus, the complainant has stated that act and activity of the respondent was clearly unfair, illegal and uncalled for.  Hence, he has prayed for refund of Rs. 1,000/- , Rs. 90,000/- towards compensation on account of harassment, mental agony and pain and Rs. 15,000/- as litigation charges.

3.        Notice of the complaint was given to the respondent.  Respondent was served, but he did not put the appearance.  Thus, he has been proceeded ex-parte.

4.        In support of his case, the complainant has examined him on affidavit.  He has narrated the facts, which have been stated in the complaint.

5.        We have heard the Ld. Counsel for the complainant and have perused the material placed on record.  From the documents placed on record, it is an admitted case of the complainant that he booked a Laptop of HP with series HP15 P00ITX on an advance payment of Rs. 1,000/- against receipt no. 546 dated 07.07.2014.  When he booked the laptop against advance payment of Rs. 1,000/-, he cannot be said to be a consumer as he has not bought any goods for consideration.  It is only a mere advance payment on account of booking.  When he has not bought any goods, the question of any deficiency does not arise and the complainant cannot be said to be a consumer.  When he is not a consumer, the question of any deficiency does not arise. 

6.        Therefore, his complaint cannot be said to fall within the scope of the Consumer Protection Act 1986.  Thus, he cannot be given any relief.  Therefore, his complaint deserves dismissal and stands dismissed.

Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

((DR. P.N. TIWARI)              (HARPREET KAUR CHARYA)    (SUKHDEV SINGH)

    Member                           Member                                     President