Delhi

North

CC/413/2022

CHANDRA PRAKASH RAI - Complainant(s)

Versus

LOOKS 100 ONLINE SHOPPING WEBSITE - Opp.Party(s)

06 Mar 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No.:413/2022

                                                IN THE MATTER OF

 

Sh. Chandra Prakash Rai

S/o Sh. Harikesh Rai,

28, Ground Floor, Gali No.3,

Wazirabad, Delhi-110084.                   …                                    Complainant

Vs

 

Looks 100 Online Shopping Website

Sarojini Nager, Delhi-110023.

 

Also at:

Patna, West Boring Canal Road, Patna,

BR 800001, India. 

Email:info@looks100.com                             …                                    Opposite Party                         

ORDER

06/03/2024

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the complainant had ordered Redmi note 11 T 5G mobile phone in August 2022 under Raksha Bandhan festival offer by paying Rs.2,499/- from online shopping website look100.com (OP herein). It has been stated that shipment delivery order number was LX1183 and speed post tracking number was EF563089498IN. On receipt of delivery, the packing was opened and found that a small generic phone from another company, Classic was sent by the OP. Besides, its charger and battery were also defective.The complainant emailed twice to the OP to replace the phone or refund the money with harassment charge or send Redmi Note 11 Pro 5G phone but nothing was done.  The Complainant has filed this complaint praying that the OP be directed to replace the phone with Redmi Note Pro 11 phone or refund the money with harassment charges.

 

2.       The Complainant has also filed copies of Order Summary dated 06.08.2022 indicating the payment of Rs.2,499/- to the OP, tracking report dated 10.08.2022 of the shipment, photographs of the telephone and box of the consignment received, email dated 22.08.2022 requesting the OP to refund and email dated 01.10.2022 alongwith the complaint.

 

3.       Accordingly, notice was issued to the OP to defend the complaint before the commission but the notice could not be served through speed post. Therefore, the notice was served to the OP through email but the OP neither appeared nor did send any communication despite service of the notice. Since the OP has chosen not to contest the allegations levelled in the complaint despite service and has been proceeded Ex-parte. The complainant has filed evidence by way of affidavit.

 

4.  Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OP has chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service and harassment as alleged by the complainant. In view of the these observations, we are of the considered view that the complainant has suffered directly due to deficient service and unfair trade practice on the part of the OP in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.

 

6.       Therefore, we feel appropriate to direct the OP to refund  Rs.2,499/- (Rupees Two Thousand Four Hundred Ninety Nine only) to the complainant with interest @9% from 6-08-2022 till the date of payment, within 30 days from the date of receipt of this order. Besides, OP is also directed to pay Rs.10000/- (Rs.Ten Thousand Only) as compensation for the mental pain, agony and harassment caused to the complainant. In case, the above said amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

 

7.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Order be also sent through Email to the OP. Thereafter, file be consigned to the record room.

 

                            ASHWANI KUMAR MEHTA                                              HARPREET KAUR CHARYA

                                             Member                                                                                     Member      

                                    DCDRC-1 (North)                                                                     DCDRC-1 (North)

 

                                               DIVYA JYOTI JAIPURIAR

                                                    President 

                                 DCDRC-1 (North)