BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI

                                  Consumer Complaint No.315 of 2015

                                 Date of institution:          08.07.2015

                                              Date of Decision:            15.09.2015

Rajeshwar Sharma, Kothi No.584, Phase-4, Mohali (Punjab) 160055.

    ……..Complainant

                                        Versus

M/s. Deals Othon, Kalkaji, New Delhi 110019.

………. Opposite Party

Complaint under Section 12 of the

Consumer Protection Act, 1986.

CORAM

Mrs. Madhu. P. Singh, President.

Mrs. R.K. Aulakh, Member.

Present:    Complainant in person.

                Opposite Party exparte.

(Mrs. Madhu P. Singh, President)

ORDER

                The complainant has filed the present complaint seeking following direction to the Opposite Party (for short ‘the OP’) to:

(a)    to refund him the total value of Rs.40,000/- which the OP had promised to pay in terms of goods offered.

(b)    to take back the goods.

(c)    pay him Rs.35,000/- for mental harassment and litigation expenses.

                The complainant has pleaded in the complaint that on 14.12.2014 he received a phone call from one Mrs. Luxmi to buy a combo pack consisting of (a) Reebok Shoes (b) TNF Sun Glasses (c) TNF Watch (d) Aluminum card holder alongwith 100% assured gift, Apple I phone or Dell Laptop or Optima jewellery set or Ganesh Pendant. On the persistent calls from the OP the complainant agreed to purchase the combo pack on the condition that he would be given I phone. Mrs. Luxmi told the complainant that she cannot give in writing but told her that she proposed the name of the complainant for I Phone and he would surely get the same. The complainant received e-mail dated 16.12.2014 from the OP containing description of the articles in the combo pack. The complainant after going through the same, placed the order for combo pack on 23.12.2014 upon payment on agreed payment of Rs.4,999/- The complainant did not get anything till 02.01.2015 and he sent e-mail asked the OP to refund his money.  The complainant also asked about his assured gift of I phone but was informed that the same has been given to somebody else and the complainant would get the gift as per mail. The complainant got a parcel from the OP through courier on 13.01.2015. Upon opening the parcel, it was found a pair Reebock Shoes, some cheap sun glasses, Benetton Watch and a wallet without any brand. Therefore, the complainant spoke to Mr. Dinesh Singh Head Marketing and Lokender Joshi Grievance Officer who assured to resolve the issue. The complainant also registered the complaint on their web site. The complainant was also informed that the Optima jewellery set was out of stock and shall be delivered as and when available. The complainant sent e-mail dated 20.01.2015 to Mr. Dinesh narrating everything but of no avail. The complainant also sought intervention of VOICE- A voluntary consumer organization run by retired judges at Delhi to whom the OP falsely claimed on 22.01.2015 that all items have been sent to the customer. With these allegations the complainant has filed the present complaint.

2.             After admission of the complaint, notice was sent to the OP through post. As per India Post Tracking Report the article was delivered to the OP on 23.07.2015.  None appeared for it despite service. Therefore, the Op was proceeded against exparte vide order dated 27.08.2015.

3.             To succeed in the complaint, the complainant tendered in evidence his affidavit Ex.CW-1/1 and copies of e-mails Ex.C-1 to C-4.

4.             We have heard the complainant and have also gone through the complaint file.

5.             As per the complainant he was allured to purchase combo packing comprising Reebok shoes worth Rs.6,999/-, TNF Sun Glass Rs.1,999/-; TNF watch Rs.1,999/- and Aluminum Card Wallet Rs.599/-. The value of the combo pack was Rs.4,999/- and also assured 100% free gift from the prices of Apple iphone 5s, Dell Inspiron 15 3521 Laptop, Optima Necklace Jewellery, Dapic 32 Inch Led, 14 C Ganesha Pendant, as per the e-mail of the OP dated 16.12.2014 from the OP to the complainant. The complainant purchased the combo pack on 23.12.2014 and paid Rs.4,999/- and he was asked by the OP to wait for four days to get the delivery of ordered articles as well as the free gifts. The complainant received the goods on 13.01.2015 and upon opening the packet found that the sun glasses were of different colour, the wrist watch and wallet of Benetton different make than the TNF make ordered, different article instead of aluminum card holder ordered, wallet has been delivered to him and against the assured gift chosen as mobile iphone, no gift has been delivered to him. The complainant raised the issue with the OP and one Smt. Luxmi representative of the OP informed the complainant to resolve his issue soon as the TNF goods in the combo pack and aluminum card holder, as ordered by the complainant are out of stock and, therefore, the OP has supplied him articles of other make. Even their Manager Deepak Singh and Grievance Officer Mr. Lokender Singh have been informed about grievance of the complainant but no response from them. So much so the complainant has approached one NGO Consumer VOICE Organization engaged in consumer welfare and awareness to take up his matter with the OP and the said NGO has also tried to intervene through their good offices to get the complaint of the complainant resolved as is evident from number of e-mails exchanged by the complainant with the legal office of NGO and the OP, still the matter has not been resolved, and therefore, the complainant has alleged unfair trade practice against the OP for alluring him to purchase certain articles and not delivering the same as per order of the complainant.  Ex.C-4 plethora of e-mails exchanged between the complainant and the OP from 16.12.2014 to 29.06.2015 where the OP has admitted having floated the scheme of super combo offer and 100% assured gift for Rs.4,999/- and further it has admitted having received the order from the complainant  and against consideration delivered the ordered articles to the complainant. So much so the OP has admitted in the e-mail delivery of wrong articles and wrong make and style and also not providing him the free gift of iphone chosen by the complainant. Therefore, the admission of the OP of wrong delivery of article, not even ordered and further not giving assured chosen gift and further when raised a grievance by the complainant not addressing the same and refund of the paid amount to the complainant, in totality amounts to unfair trade practice having been indulged by the OP as defined under Section 2 (r) and Section 3 (a) of the Consumer Protection Act, 1986.  Thus, the complaint deserves to be allowed and the complainant deserves to be compensated.

6.             In view of above discussion, the complaint is allowed with the following direction to the OP to:

(a)    to refund to the complainant Rs.4,999/- (Rs.Four thousand nine hundred ninety nine only) with interest thereon @ 9% per annum from the date of receipt till actual payment.

(b)    to pay to the complainant a lump sum compensation of Rs.10,000/- (Rs. Ten thousand only) towards mental agony, harassment and costs of litigation.

                Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.

Pronounced.                           

September 15, 2015.    

                        (Mrs. Madhu P. Singh)

                                                                        President

(Mrs. R.K. Aulakh)

Member