BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.49/2017

DATED ON THIS THE 28^th July 2017

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                         B.E., LLB., PGDCLP,    - MEMBER

Sri M.C.DEVAKUMAR,

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act 1986, against the opposite parties, alleging unfair trade practice and seeking a direction for refund of Rs.15,490/- along with interest at 18% p.a. from 14.03.2015 to till realization and Rs.50,000/- damages for the mental agony and Rs.10,000/- towards cost of the litigation, with such other reliefs.
2.     The complainant placed an order for purchase of an “Acquaguard Enhance RO” through online and paid Rs.15,490/- through online on 14.03.2015.  The product was not delivered, despite of several remainders till 17.04.2015.  Aggrieved by the same, cancelled the order and demanded for refund of the amount paid along with interest and other reliefs.
3.    The opposite parties remained absent, despite of service of notice, hence placed exparte.
4.     The complainant lead evidence by filing affidavit and relied on several mail transactions held with the opposite parties.  Heard the oral submissions and perusing the material, matter posted for orders.
5.     The points arose for our consideration are:-

1. Whether the complainant establishes the unfair trade practice and deficiency in service by the opposite parties, in non-delivery of the product, inspite of payment of the product value and thereby he is entitled for the relief sought?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant intending to purchase an Acquaguard water purifier, approached opposite parties.  The product name was “Acquaguard Enhance RO” and the product value was Rs.15,490/-.  The opposite party demanded to make the payment for the product through credit card, debit card or net banking using the link mentioned in the E-mail dated 13.03.2015.  The payment was made through online on 14.03.2015.
8.    A representative of opposite party promised to install the product on 15.03.2015 but failed.  Disappointed by the same, a mail was sent on 16.03.2015 to install the product within two days or to cancel the order and to refund the amount paid.
9.    The product was not delivered for the reason, wrong pin code informed to them.  Even after informing the correct pin code, opposite parties failed to deliver and install the product. A mail was sent on 17.04.2015, calling upon to deliver the product within two days or to refund the amount paid, by cancelling the order.  Even then the opposite parties failed to comply.  Hence, the complaint, alleging deficiency in service and seeking reliefs.
10.  The complainant established the payment made towards product on 14.03.2015, through online, towards the purchase of “Acquagard Enhance RO”.  Despite of receipt of amount towards the product, the opposite parties failed to deliver and install the product, as promised.  As such, committed deficiency in service and unfair trade practice. Due to non-delivery of the product, the opposite parties made the complainant to suffer mental agony.  As such, we opine that, the complainant is entitled to receive the entire amount paid (i.e. Rs.15,490/-) along with interest and compensation for mental agony suffered.  Accordingly, Point No.1 is answered partly in the affirmative.  
11. Point No.2:- With the above observations in point No.1, we proceed to pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite parties are jointly and severally directed to refund Rs.15,490/- being the cost received towards the product along with interest at 12% p.a. from 14.03.2015, till this date to the complainant, within 60 days of this order.  Failing to comply, the opposite parties shall pay interest at 12% p.a. on Rs.15,490/- until payment made.
3. The opposite parties are jointly and severally liable to pay Rs.5,000/- compensation for the deficiency in service, and mental agony caused and Rs.2,000/- towards cost of the litigation.  In default to pay, the opposite parties shall pay interest at 10% p.a. on the total sum of Rs.7,000/- until payment made.
4. In case of default to comply this order, the opposite parties undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 28^h July 2017)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT      

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER