Haryana

Ambala

CC/167/2015

Nikhil Narwal - Complainant(s)

Versus

M/s Amazon. - Opp.Party(s)

In Person

30 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM : AMBALA

                             Complaint Case No.           :         167 OF 2015

                             Date of Institution                :         16-06-2015

                             Date of Decision                  :         30.10.2015

Nikhil Narwal son Sh.Ashwani Narwal, resident of  V.P.O. Dhanoura , Teh- Mulana/Barara, Distt. Ambala.

                                                                                                                                                                         :::::::Complainant.

                                                                                                       Versus

 

1. M/s Amazon. in/Brigade Gateway, 8^th floor, 26/1, Dr. Raj Kumar Road,Malleshwaram (W) Bangalore-560055.

 

2. Zenith Traders, Unit No.1, Khewat-Khasra No. 373/400, Mustatil No.31, village- Taora, Tehsil Taoru, Distt. Mewat (on Bilaspur-Taoru Road)-122105, Haryana, India.

 

:::::::Opposite Parties.         

Complaint Under Section 12 of the Consumer Protection Act.

 

CORAM:             SH.A.K.SARDANA, PRESIDENT

                             SH. PUSHPINDER KUMAR, MEMBER

Present:-             Complainant in person

                             OPs ex-parte.                  

O R D E R

1.           Brief facts of the present complaint are that the complainant purchased a Sony MDR-XB-450 Extra Bass Foldable Head Phone(Black) bearing No. X000CB9AUV vide invoice No. HR-Del 2-141404101- 889 dated 7/5/2015 through on-line in a sum of Rs.1399/- from OP No.2. After some time, the said head phone started giving trouble since the complainant was supplied defective head phone. so, the complainant contacted the Ops through telephonically at their toll free number for replacement of the above said head phone whereupon they assured to do the needful but they failed to replace the defective head phone  with a new one  despite giving assurance or to refund the price of same to the complainant which is deficiency in service on the part of the OPs. Hence, having no alternative, complainant preferred the present complaint seeking relief as mentioned in the prayer para.

 

2.          Notice was served upon the OPs wherein OPs failed to appear before the forum despite service  and as such they were proceeded against ex-parte vide order dated 4-8-2015. 

 

 

3.           In evidence, complainant has tendered his affidavit as Annexure C -X alongwith documents as Annexures C-1 to C-3 and closed his evidence.

 

4.                We have heard the complainant and gone through the case file minutely. The main grievance of the complainant  is  that  he purchased  a Sony Head Phone in the month of May,2015 through on-line  in a sum of Rs.1399/- from OP No.2 which became defective but OPs failed to replace the same or refund the cost thereof during the warranty period inspite of the assurance given by them vide E-mails. In support of his case. Complainant has tendered two E-Mails  forwarded by OP No.1 to him on dated 2-6-15 & 5-6-15  (Annexure C-1 & C-2 )wherein the OP no.1 has admitted refund of the whole amount of head phone to the complainant but inspite of that no refund has been made which is admittedly a deficiency in service on the part of the OPs. Further the contention put by the complainant remained unrebutted as the OPs did not bother to contest the matter despite their service. So, we have no alternative except to allow the present complaint. Accordingly we accept the complaint and direct the OPs to comply with the following directions within thirty days from the communication of this order:-

                (i)         to return Rs.1399/- i.e. cost of the mobile set to the complainant alongwith simple interest @ 10% per annum from the date of filling the complaint to till its realization.

               (ii)         to  pay  Rs. 2000/- as  compensation  for  harrasment and mental agony etc.

             (iii)           also to pay Rs.1000/- as cost of litigation.

 

Let the aforesaid order/directions issued above must be complied with by the OPs within a stipulated period failing which all the awarded amounts shall further attract simple interest @ 12% per annum for the period of default. So, the complaint is decided in above terms. A copy of this order be sent to the parties concerned free of cost. File be consigned to the record room after due compliance.

                                                             

Announced:30.10.2015                                                     Sd/-

                                                                                       ( A.K.SARDANA)

                                                                                                 PRESIDENT

                                                                            

                                                                                             Sd/-                                                                                                                         

                                                                              ( PUSHPINDER KUMAR )

                                                                                                     MEMBER