The prayers of complainant are as follows: -
- To pass an order directing the O.P.s to refund the said amount of Rs. 16,599/- (Rupees Sixteen Thousand Five Hundred and Ninety Nine) only immediately.
- To pass an order directing the O.P. to pay a sum of Rs. 1,00,000/- (Rupees One Lakh) only to the complainant for compensation for deficiency in service and for restoring to unfair trade practices, as well as for harassment, mental torture and agony caused to the complainant.
- To pass an order directing to the O.P. to pay a sum of Rs. 15,000/- (Rupees Fifteen Thousand) only for legal expenses and the cost of the proceeding.
- Any other relief to which the complainant may be found entitled to.
List of Documents filed by the complainant:
- Photocopy of computer generated copy of booking details dated 24.07.2018 of one Apple i Phone 7 Plus, Model No. SKU: MW005, at the website of the O.P. No. 1 and 2, amounting of Rs. 16, 599/- (Rupees Sixteen Thousand Five Hundred and Ninety Nine) only vide order ID No. #R631009731, Invoice No. 1111.
- Photocopy of SMS received by the complainant containing one link from the O.P. No.1 vide
- Photocopy of courier receipt from the O.P. No.3 through which the complainant received one percel from the above named O.P. No.1 on 21.08.2021, vide Invoice No. 1111, dated 17.08. 2018 amounting of Rs. 16, 599/- (Rupees Sixteen Thousand Five Hundred and Ninety Nine) only.
- Photocopy of complaint lodged by the complainant to the customer care service of the O.P. No.1 vide Complaint Number (R00021411) to refund the paid amount immediately.
- Photocopy of reply from the O.P. No.1 and 2 dated 21.08.2018 wherein the O.P. No.1 and 2 assured the complainant to refund the said amount to the complainant.
Regarding this instant case, the Opposite Party (O.P.) - 1) Mobiles World Online Shopping Portal, @ Mobile Point, Office at 1st Floor, VPA Complex- 2, Sector- 16 B, Greater Noida West, Gautam Buddh Nagar, U.P.- 203009, 2) Mr. Aman Patil, Associate Head, Mobiles World Online Shopping Portal, @ Mobile Point, Office at 1st Floor, VPA Complex- 2, Sector- 16 B, Greater Noida West, Gautam Buddh Nagar, U.P.- 203009 and 3) Dashboard Delhivery, Courior Service, Burdwan Road, P.O.- Siliguri Bazar, P.S.- Siliguri, Dist.- Darjeeling who did not appear in this case and case and vide Order No. 40, dated 21.12.2023 the O.P. No.1, 2 & 3 declared ex- parte.
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It is in the record that the notice was issued to the O.P.s on 11.10.2018, vide Order No.02 and on 13.12.1018, vide Order No.04 but both returned unserved. Subsequently, on 06.02.2020, vide Order No.22 the complainant published notice for the O.P. No.1,2 and 3 which was published in English newspaper, namely The Telegraph, dated 13.02.2021 but again the O.P.s did not appear before this Commission to defend the case and on 21.12.2023 vide Order No. 40 the O.P. No1, 2 & 3 declared ex- parte.
Having heard, the Ld. Advocate of the complainant and on perusal of the complaint and documents filed by the complainant the following points are taken to be decided by this Commission.
Points for consideration
1) Whether the complainant is a consumer?
2) Whether the case is maintainable under the CP act 2019?
3) Whether this Commission has its jurisdiction to decide this case?
4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?
5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?
Decision with reasons
All the points are taken up together for consideration and decision.
Seen and perused the complaint petition which is supported by the affidavit, documents filed by the complainant. We are also heard arguments of the complainant in full length.
The complainant resides in the jurisdiction of P.O. & P.S.- Pradhan Nagar, District- Darjeeling and the O.P. No.3 also carries his business in the jurisdiction of P.O.- Siliguri Bazar, P.S.- Siliguri, Dist.- Darjeeling and thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act, 2019 and also there is no doubt that this Commission has its territorial jurisdiction to decide this case.
In this instant case, on 24.07.2018 the complainant booked and purchased one Apple iPhone 7 Plus, Model No. SKU: MW005, mobile phone through online at the website of Mobiles World Online Shopping Portal, i.e., the O.P. No.1 amounting of Rs. 16, 599/- (Rupees Sixteen Thousand Five Hundred and Ninety Nine) only vide order ID No. #R631009731, Invoice No. 1111, from the O.P. No.1 and 2 and the complainant had all the relevant bills in this regard. So, this Commission has holds that in this present case the complainant is a very much consumer as per the Consumer Protection Act, 2019.
In order to prove the case the Complainant has filed its evidence in the form of an Affidavit and in the Written Complainant has specifically corroborated the Complaint and has stated on which day he took/ purchased the a policy from O.P., also narrated the date of Maturity. The Complainant has also stated the series of dates of communication to the O.P. for demanding his statement of account from the O.P.
At the time of argument Ld. Advocate of the Complainant submits that the Complainant has been able to prove its case against the O.P.s not only through their Written Deposition but also by producing documents.
In the case in hand, there is no dispute that on 24.07.2018 the complainant booked one Apple i Phone 7 Plus, Model No. SKU: MW005, mobile phone through online at the website of Mobiles World Online Shopping Portal, i.e., the O.P. No.1 amounting of Rs. 16, 599/- (Rupees Sixteen Thousand Five Hundred and Ninety Nine) only vide order ID No. #R631009731, Invoice No. 1111, which was duly received by the O.P. No.1 and the complainant, had all the relevant bills in this regard. At the time of booking of the said mobile phone he received one link through SMS from the O.P. No.1 vide
It is fact that on 24.07.2018 the complainant booked one Apple i Phone 7 Plus, Model No. SKU: MW005, mobile phone through online at the website of Mobiles World Online Shopping Portal, i.e., the O.P. No.1 amounting of Rs. 16, 599/- (Rupees Sixteen Thousand Five Hundred and Ninety Nine) only by paying Rs. 500/- (Rupees Five Hundred) only on 17.08.2018 to the O.P.s through online payment mode and on 21.08.2018 the complainant received a parcel from O.P. No.1 through O.P. No.3, vide Invoice No.1111, dated 17.08.2018 amounting of Rs. 16, 599/- (Rupees Sixteen Thousand Five Hundred and Ninety Nine) only by cash and the complainant paid the said amount to the delivery man and acknowledged the same but after delivery when he opened the said parcel he found that the mobile phone was a duplicate one and not even in an operating condition and immediately he lodged a complaint to the Customer Care Service of the O.P. No.1, vide Complaint No.- (R00021411) to refund his paid amount and on the same date, i.e., on 21.08.2018 his complaint was duly registered.
It is also a fact that on 29.08.2018 the O.P. No.2 sent an E- mail by the name of one Mr. Aman Patil, addressing
In this case, the O.P. No.3 delivered the parcel to the complainant and collected the amount from him and handed over the receipt to him and this Commission does not find any deficiency of service in the part of the O.P. No.3.
So, as per the above discussion it is very much clear that there was a deficiency of service from the part of O.P. No.1 and 2 and this Commission has no doubt that there was a deficiency of services from the part of the O.P. No.1 and 2. In this instance case, the O.P. No. 1 (Mobiles World Online Shopping Portal) and O.P. No.2 (Mr. Aman Patil, Associate Head, Mobiles World Online Shopping Portal) are jointly and severally liable. The complainant is entitled to get back the purchased amount of the said one Apple i Phone 7 Plus form the O.P. No.1 and 2 with a simple interest @ 7% per annum from the date of filing of this case by an Account Payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order. The complainant is also entitled to get Rs. 10,000/- (Rupees Ten Thousand) only for mental pain and agony and Rs. 10,000/- (Rupees Ten Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 10,000/- (Rupees Ten Thousand) only to Consumer Legal Aid Account of this Commission. The O.P.s are entitled to get liberty to take back the said one Apple i Phone 7 Plus with their own cost.
Hence it is,
ORDERED
That the Consumer Case No. 101/2018 be and same is allowed in contest against the O.P. No. 1 (Mobiles World Online Shopping Portal) and O.P. No.2 (Mr. Aman Patil, Associate Head, Mobiles World Online Shopping Portal). In this instance case, the O.P. No.1 and 2 are jointly and severally liable in this case.
The O.P. No.1 and 2 are directed to refund the purchased amount of the said one Apple iPhone 7 Plus with a simple interest @ 7% per annum from the date of filing of this case by an Account Payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order. The complainant is also entitled to get Rs. 10,000/- (Rupees Ten Thousand) only for mental pain and agony and Rs. 10,000/- (Rupees Ten Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 10,000/- (Rupees Ten Thousand) only to Consumer Legal Aid Account of this Commission. The O.P.s are entitled to get liberty to take back the said one Apple i Phone 7 Plus with their own cost.
Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.
