Jharkhand

Bokaro

CC/49/2020

Shalender Avinash Masih - Complainant(s)

Versus

Mr. Ghulam Nasir G Talati NS Industries - Opp.Party(s)

11 Oct 2022

ORDER

          District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-04-12-2020

Date of final hearing-11-10-2022

 Date of Order-11-10-2022

Case No. 49/2020

Shalender Avinash Masih S/o K.K Masih

Plot No. KE:2, Road:1, Phase:1, Vastu Vihar Project:3,

Chira Chas, Bokaro

Vs.

Mr. Ghulam Nasir G Talati NS Industries

 R/o Muzmmit Talati, Gr. Floor, 1/3134 A1,

Badekha Chakla, Gopipura, Surat- 395001, Gujrat 

 

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

-Judgement-

1. Complainant has filed this case with prayer to direct the O.P. to pay Rs. 16,000/- (price of the bicycle), Rs. 960/- (logistic charge), Rs. 1500/- (freight charge) and also to pay Rs 5,00,000/- as compensation related to various type of harassment caused to the complainant.
2. Complainant’s case in short is that O.P. Mr. Ghulam Nasir G Talati allured the complainant through advertisement on Indiamart site for purchase of Prime Fat Bicycle (Jaguar Model) of yellow color on Rs. 16,500/- and Rs. 500/- was to be paid as logistic charge. Accordingly complainant paid Rs. 2000/- on 13.10.2020 as booking amount which was confirmed by the O.P. Prior to receipt of the bicycle rest of the amount of Rs. 14000/- was paid on 28.10.2020 but instead of said bicycle supply was made of the bicycle having price Rs. 4664/- only. In this way complainant felt cheated by the O.P. later on, on 29.10.2020 O.P. admitted that wrong model has been send to the complainant and on request for sending the selected model O.P. directed to send back the wrong model then he will dispatch selected model and complainant have to bear the expenses of logistic for both the transportation. When complainant requested for refund of his money then O.P. misbehaved with him, hence he has filed this case with above prayer after serving legal notice.
3. Inspite of due receipt of the notice O.P. has not appeared hence vide order dt. 07.07.2022 case is being proceeded ex-parte against the O.P.
4. In support of its case complainant has filed photo copy of the legal notice dt. 07.11.2020, photo copy of deposit slip by which he has remitted Rs. 2000/- on 13.10.2020 and Rs. 14,000/- on 28.10.2020 in the account of the O.P. to show that total Rs. 16,000/- has been deposited by the complainant in the name of the O.P. Photo copy of invoice dt. 15.10.2020 has been filed to prove that the bicycle which was received by the complainant is of Rs. 4464/- only. Photo copy of receipt dt. 28.10.2020 shows that logistic charge of Rs. 960/- has been paid. Other paper is related to print out of massages and conversations between the parties. Apart from above documents complainant has examined himself as witness in which he has supported the allegations as mentioned in the complaint petition.
5. On perusal of the materials available on record it is apparent that complainant is able to show that there is unfair trade practice by the O.P. and complainant became victim of that very unfair trade practice. Therefore, we are of the view that complainant is entitled to get relief in the following manner.
6. Accordingly prayer made in the complaint petition is being  allowed in the following manner:-

O.P. is directed to pay Rs. 16960/- (the price and freight charge already paid by the complainant) to the complainant within 60 days on receipt/production of copy of this order failing which he shall pay interest @ 10% from 04.12.2020 (the date on which case has been filed) on that very amount. Further O.P. is directed to pay Rs. 10,000/- as compensation to the complainant.

(J.P.N. Pandey)

                                                                                      President

 

                                                                                               

 

                                                                                       (Baby Kumari)

                                                                                          Member