BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.495 of 2015
Date of Instt. 13.11.2015
Date of Decision : 29.03.2016
Dr.Niranjan Bhowmick son of Late Sh.B.R.Bhowmick, R/o AA-14, NIT Campus, National Institute of Technology, PO, Regional Engg.College, GT Road, Jalandhar-144011.
..........Complainant Versus
1. M/s Ebay India Pvt Ltd., 14th Floor, North Block, R-Tech Park, Western Express Highway, Gorgaon East, Mumbai-400063, through its Chairman/Managing Director/Directors/Principal Officer/ Shafakat Khan.
2. Yash Pal Dua, H.No.13, Road No.69, Near Shiv Mandir, Punjabi Bagh, West Delhi-110026.
.........Opposite parties
Complaint Under the Consumer Protection Act.
Before: Sh.Ashwani Kumar Mehta (President)
Ms. Jyotsna Thatai (Member)
Sh.Parminder Sharma (Member)
Present: Sh.Atul Malhotra Adv., counsel for the complainant.
Opposite parties exparte.
Order
Jyotsna Thatai (Member)
1. Complainant Dr.Niranjan Bhowmick has filed the present complaint against M/s Ebay India Pvt Ltd etc opposite parties (OP) under the Consumer Protection Act, on the allegations of deficiency in service, negligence, unfair trade practice with a further prayer to refund Rs.2611/- and Rs.50,000/- for harassment, mental tension, inconveniences to the complainant.
2. The case of the complainant in brief is that the opposite parties are engaged in selling of various items and goods through internet to the general public for consideration throughout India particularly at Jalandhar; that complainant on 12.9.2014 ordered and purchased a new Portable Steam Sauna Bath Set (111441001518) after seeing the said item on website of the OPs. Complainant had made payment of entire sum wide paisa pay ID 37363019230 online by making payment of Rs.2611/- via credit card to OP. The said product was required by the complainant for some medical problem; that after the receipt of the said product, complainant noted that the steam vaporizer machine was of local made and cheap quality instead of the machine displayed in e-bay site/website of the OP at the time of placing order. Further the said machine had some cracks on the outer surface and joints were opened in some portions. The power consumption mentioned in OP website was 600 watt but the item was showing as 750 watt. The said product was warranted for 12 months from the date of purchase but no bill or phone number or communication address of manufacturer were mentioned on the manual sent by OP alongwith said product; that after noting the above said shortcomings and defects in the said machine, complainant immediately approached OPs through emails and requests for refund of the amount and return of the said product as per the policy of the OPs; that the refund claim of complainant was registered by Ebay claim ID 660186 by OPs but till date OPs have failed either refund the amount to complainant or to change the product with a new one. This act and conduct of the OPs amounts to deficiency in service, negligence, unfair trade practice on the part of the OPs which caused harassment, mental tension and agony and deficiency in service on the part of the OP. Hence, present complaint was filed.
3. After formal admission of the complaint, notice was issued to the opposite parties and opposite parties were declared to have been duly served but none appeared on behalf of opposite parties and consequently opposite parties were proceeded against exparte.
4. In exparte evidence, learned counsel for the complainant tendered affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C34 and closed exparte evidence.
5. We have carefully gone through the record and also heard the learned counsel for the complainant.
6. Complainant on 12.9.2014 ordered and purchased steam bath set (111441001518). The complainant paid Rs.2611/- via credit card to opposite parties. After receiving the said portable steam sauna bath, complainant noted that the steam vaporizer machine was local made and cheap quality instead of machine display in Ebay/website of opposite parties at the time of placing order. (Photocopy of photographs steam sauna bath set is Ex.C1 to C9). So, he decided to return the said product and requested for refund of amount from OPs. The complainant sent emails several times to the OPs to solve this matter but OPs did not respond. Emails and warranty card also on record Ex.10 to Ex.34. The OPs have not come to contest the claim of the complainant. So, it appears that they have nothing to say in the matter. So from unrebutted evidence adduced by complainant, his case stands proved.
7. Therefore, we hold that there was unfair trade practice and restrictive trade practices by OPs by selling defective and different steam sauna bath set from displayed steam sauna bath set to the complainant.
8. In the above circumstances, the present complaint is accepted and OPs are directed to refund Rs.2611/- to the complainant alongwith Rs.3000/- on account of compensation and Rs.2000/- on account of litigation expenses within one month from the date of receipt of copy of order, failing which they shall be liable to pay interest on the above said amount @ 9% per annum after the expiry of said period of one month till the date of payment. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Jyotsna Thatai Ashwani Kumar Mehta
29.03.2016 Member Member President
