Delhi

West Delhi

CC/15/722

RAKESH KUMAR - Complainant(s)

Versus

MANAGER,ACTION INDIA HOME PRODUCE PVT. LTD - Opp.Party(s)

18 Mar 2017

ORDER

    CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                        GOVERNMENT OF NCT OF DELHI

  150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                        Date of institution: 16.10.2015

Complaint Case. No.722/15                                                          Date of order:18.03.2017

IN  MATTER OF

Rakesh Kumar, WZ-5A/1, Gali No.6, Krishna Park, Tilak Nagar, Delhi-110018.   

Complainant

 

VERSUS

Manager/Director/Owner/Subhash Srivastava, Action India Home Produce Pvt. Ltd., (Spy Shop), 2632/29, Opp. Metro Pillar No211, Main Patel Nagar Road, New Delhi-110008.                                                                                                                                                Opposite party

ORDER

R.S. BAGRI,PRESIDENT

In brief case of Shri Rakesh Kumar – complainant as stated is that on 29.07.14 he purchased hidden camera from the opposite party for sale consideration of Rs.2,550/-. On 06.10.14 the camera stopped working and delivered to the opposite opposite party for repair. But the opposite party neither repaired nor returned the camera. The complainant on 05.05.15 visited the opposite party to inquire status of his camera. They misbehaved and threatened to beat the complainant. The complainant wrote letters dated 05.05.15 and 19.07.15 to the opposite party. But the opposite party neither replied the letters nor returned the camera. He has suffered loss of the camera and has been deprived of to use the camera. Hence, the present complaint for directions to the opposite party to refund Rs.2,550/- cost of the camera with interest @18% and pay compensation for unfair trade practice and deficiency in service on the part of the opposite party and loss of his right to use the camera with legal expenses.

Notice of the complaint was given to the opposite party. But despite service none appeared on behalf of the opposite party. Therefore, the opposite party was proceeded exparte  vide order 18.12.15.

When Shri Rakesh Kumar complainant was asked to lead evidence, he filed affidavit narrating facts of the complaint and relied upon statement of credit card of ICICI Bank of the complainant, job sheet dated 06.10.14, letters dated 05.05.15 and 19.07.15. From perusal of the documents relied upon by the complaint, it reveals that the complainant on  29.07.14 purchased hidden camera from the opposite party for sum of Rs.2,550/-. The camera became faulty. The complaint delivered the camera to the opposite party on 06.10.14 for repair. The complainant wrote two letters to the opposite party to know status of his camera.

We have heard the complainant and have gone through the record carefully and thoroughly.

The version of the complainant, his affidavit, statement of credit card, job sheet and letters dated 05.05.15 and 19.07.15 have remained un-rebutted and unchallenged. Therefore, there is no reason to disbelieve un-rebutted and unchallenged version and oral and documentary evidence of the complainant. The complainant from the un-rebutted and unchallenged version and evidence has been able to prove that on 29.07.14 he purchased one hidden camera for sum of Rs.2,550/- from the opposite party. The camera became faulty. On 06.10.14 the camera was given to the opposite party for repair. But the opposite party neither repaired nor returned the camera. The complainant has suffered loss of the camera. He is also deprived of his right to use the camera. Hence, there is unfair trade practice and deficiency in service on the part of the opposite party.

Therefore, we direct the opposite party to pay sum of Rs.2,550/- cost of the camera with interest @9% from the date of filing the complaint till actual realization and pay sum of Rs.1,100/- as compensation for deficiency in service and unfair trade practice on the part of the opposite party and loss of use of camera and litigation expenses.

Order pronounced on :18.03.2017

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be consigned to record.

                  

 

(PUNEET LAMBA)                                      (URMILA GUPTA)                                      ( R.S.  BAGRI )

     MEMBER                                                      MEMBER                                                   PRESIDENT