IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.CC 139/2016.

 Date of Filing: 19.09.2016.                                        Date of Final Order: 21.02.2017

Complainant: Swapan Kumar Saha, 4/1, Kalkatiya Darjee Lane, Gorabazar, P.O.&P.S. Berhampore,

                        Dist. Murshidabad.

-Vs-

Opposite Party: 1. Manager,Clues Net Work Pvt. Ltd, Building No. 112, Sector-44, Gurgaon-122001.

                           Haryana,

                            2. Manager, Clues Network (P) Ltd, Plot No. 653A, Palam Vihar Road,

                             Bijawasan New delhi-110061.

                       Present:   Sri Anupam Bhattacharyya …………………. President.                              

                                                                        Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

            Smt. Pranati Ali Presiding Member.

Instant complaint has been filed by the complainant u/s 12 of C. P. Act 1986 for refund of deposited money of Rs.5978/- along with Rs.10, 000/- as compensation.

            The complainant’s case, in brief, is that the complainant’s son Sougata Saha purchased one Mother Board from the OP/Clues Network Pvt. Ltd through on-line, but due to defectiveness, it was requested to replace. It was replaced by the OP but the replaced one was also defective. But the complainant failed to connect the OP, so he came to this Forum for proper redress.

            On the other hand the OP/Clues Network Pvt. Ltd has not turned up inspite of receiving  notice and for that the case is taken up for hearing ex-parte.

            The only point for consideration is whether there is any deficiency in service on the part of the OP or not and or whether the complaint is entitled to get any relief or not.

                                                     Decision with reasons.

            It is pertinent to mention that the complainant has submitted some documents in support of his case.

            Perused the documents on record, we observed that the complainant’s son Soughata Saha sent the first return request on 09,2016 with a remarks of used product and 3gp cord is missing and not working condition and reason is manufacturer defect. The OP want some information and the complaint submitted second request with those information on june,18. On the other hand though the OP apologized in letters but delaying to settle the matter. On demand of some other information by the OP, the complainant again sent those through e-mail on June 27. Then the OP’s Customer Support Team acknowledged that he received the product but it is defective and he recommended to do the needful to the OP on July 2. All these are evident by the submitted documents in the record. Similarly, it is also evident from the letters of correspondences dt. 01.09.2016 & 02.09.2016 that after finding of second time defectiveness the complainant refused to take the parcel and wanted refund the money from the OP and the OP was also ready to initiate the refund process. But ultimately, the OP keep silence regarding the matter, which is a clear example of negligence /deficiency in service as well as unfair trade practice by OP.

            As because, the OP received the said amount for the article, then the OP is responsible to deliver a fresh easy functioning article to the complainant, but he failed to comply with that. Considering the inability the OP was asked for refund the money, which was agreed by the OP in a reply of the complainant’s letter, but later the OP failed to do that also.

            Relying upon the evidence adduced by the complainant by way of affidavit and also considering the documentary evidence as to entitlement for return the amount paid for the article to the OP, we have no other alternative but to conclude that the complainant is entitled to get an order ex parte for return of paid amount of Rs.5978/- for the article along with compensation of Rs.1000/- by the OP.

            Hence,

                                                               Ordered

that the Consumer Complaint No. 139/2016 be and the same is hereby allowed ex parte without any order as to cost.

            The OP is directed to return the paid amount of Rs. 5978/- along with Rs.1000/- as compensation to the complainant within 60 days from the date of receipt of this order, failing which the OP has to pay @Rs.50/- per day’s delay as fine and the amount shall be deposited in the Consumer Legal Aid Account.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under registered  post  to the concerned parties as per rules, for information and necessary action.