BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 89 of 2015
Date of Institution : 4.5.2015
Date of Decision : 22.9.2015
Surender Singh s/o Sh.Gurmail Singh, H.No.486, Parmarth Colony, Gali no.2, Begu road,Sirsa, Mob.No. 9059821762, E-mail: Mann.704@ g mail.com.
….Complainant.
Versus
Managing Director-cum-CEO (askmebazaar.com), Getit Stores Pvt.Ltd., GYS Heights, Plot-10 &11 2nd &3rd Floor, Tower-C, Sector 125, Noida (Gautam Budh Nagar), Uttar Pradesh, India-201301. Email: help@askmebazaar.com.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL ………PRESIDING MEMBER.
SHRI RAJIV MEHTA ……MEMBER.
Present: Sh.Surinder Singh, complainant in person.
Opposite party exparte vide order dt.19.8.2015.
ORDER
In brief, the complainant is working as Computer Operator in Apex
hospital, Sirsa. On 12.4.2015, he had ordered a Kingsten 16 GB Pendrive on Askmebazaar.com. through online shopping by making a order on internet from his office. There was a discount offer. He had to pay Rs.349/-. Thereafter, he received an e.mail confirmation in which product detail and payment of Rs.349/- was written. After 15 days, DTDC Courier, Huda Complex, Sirsa offered him for delivery of said product. When he went to receive the same, Rs.499/- were demanded, to which he asked for excessive amount of Rs.150/-, then courier officials showed him the packet of order, in which detail and order no. AB2214862 and Bevil no.130002672995 was written. Thereafter, the complainant approached to Customer helpline No. 04444444444, but no satisfactory reply was given and he was directed not to receive the product. As he was the consumer of respondent, he has been harassed. Hence, this complaint for compensation of Rs.50,000/- on account of mental harassment.
2. Opposite party was duly proceeded against exparte vide order 19.8.2015.
3. In order to prove his case, the complainant has placed on record Ex.C1-
his own affidavit; Ex.C2-confirmation order no.AB2214862 of Rs.349/-; Ex.C3-order no.AB2214862 demanding Rs.499/-.
4. We have gone through the record carefully and heard the complainant appeared in person in the Forum.
5. In this complaint the only dispute is that the opposite party demanding extra charge Rs. 150/- from the complainant. On 12.4.2015, the complainant had ordered Kingsten 16 GB Pen-drive on Askmebazaar.com. through online by the internet in his office. On this pen-drive there was a discount offer introduced by the company. The actual price of the pen-drive only Rs. 349/- on the confirmation order of the company Ex.C2. This letter was received by the complainant on his email address (Surender th April, 2015 at 11.09 A.M. In this confirmation letter the price of Kingsten 16 GB Pen-drive is mentioned as Rs. 499/- and discount offer Rs. 150/- and shipping charges free. The actual price of pen-drive was only Rs. 349/- according to the confirmation letter.
6. But at the time of delivery of pen-drive order No. AB2214862 shows that net amount of pen-drive is Rs. 499/- as per document Ex. C3 placed on file, demanded by the respondent.
7. The respondent was served through registered letter, dated 11.5.2015, copy of registered letter receipt on the file. This registered letter was not returned back to this Forum as such the respondent was duly served but since none appeared on behalf of respondent, the respondent was proceeded against ex-parte vide order dated 19.8.2015.
8. There was specific contract of Rs. 349/- as cash on delivery. To prove his contention complainant relied upon documents Ex. C2 and Ex.C3. On perusal of Ex.C2 reveals that order No. AB2214862 dated 12.4.2015 at 11.09 A.M. was confirmed by the respondent for Rs. 349/- after deduct of discount Rs. 150/- from the cost of Rs. 499/- of Kingston 16 GB Pen-drive. But the Ex. C3 shows that price of the said Pen-drive is Rs. 649/- and after deducting the discount net Rs. 499/- was demanded as payable amount. Ex. C3 also relate to order No. AB2214862. Ex.C2 and Ex.C3 both the documents are of the Ops and same are contradictory to each other. Furthermore, complainant contacted Ops and lodged a complaint on their provide number 04444444444 but no avail. The conduct of the OP is apparently unfair trade practice.
9. In the circumstances OP is careless deficient to provide the required service to the complainant, so we accept the complaint with the direction to the OP (ex-parte) to pay lump sum of Rs. 2000/- on account of harassment mental and physical pain and losses suffered by him. Compliance of this order be made within 30 days, failing which the complainant is at liberty to initiate the legal proceedings against the respondent. A copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:22.9.2015. Member. District Consumer Disputes
Redressal Forum, Sirsa.
SurenderSingh Vs. Managing Director-cum-CEO
Present: Sh.Surinder Singh, complainant in person.
Opposite party exparte vide order dt.19.8.2015.
Arguments heard. For order to come up on 22.9.2015.
Presiding Member,
Member D.C.D.R.F,Sirsa.
17.9.2015
Present: Sh.Surinder Singh, complainant in person.
Opposite party exparte vide order dt.19.8.2015.
Order announced. Vide separate order of even date, complaint has been allowed. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:22.9.2015. Member. District Consumer Disputes
Redressal Forum, Sirsa.
