Punjab

Patiala

CC/19/306

Abhishek Mehta - Complainant(s)

Versus

M/S Ezeedeals - Opp.Party(s)

Sh Sudhir Bharti

17 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                      Consumer Complaint No. 306 of 14.8.2019

                                      Decided on:         17.2.2023

 

 

Abhishek Mehta s/o Sh.Ravinder Mehta, 109/S, Sant Nagar, Near Santan di Kutia, Patiala.

 

                                                                   …………...Complainant

                                      Versus

 

1. M/s Ezeedeals, Okhala Industrial Area, Phase-I, New Delhi through its Managing Director.
2. Pay U Payment Private Ltd., 9^th Floor, Bestech, Business Tower, Sohana Road, Sector-48, Gurgaon-122002, Haryana through its Managing Director.

 

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

 

QUORUM

 

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

 

PRESENT:                   None for the complainant.

                             Opposite party No.2 ex-parte.         

 

                                     

 ORDER                                          

1. The instant complaint is filed by Abhishek Mehta  (hereinafter referred to as the complainant) against M/s Ezeedeals and another (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:

That the OP no.1 deals and sells different products Online through its official website http://www.ezeedeals.in . On 26.6.2019, complainant ordered a product namely JBL Charge Bluetoogh speaker for Rs.1439/- with product ID No.EZE000194 and made the payment through his credit card through OP No.2.On 29 June,2019 complainant received the product but the product was not the same as was ordered by the complainant but of inferior quality. Complainant made call through helpline number to the OP but the same was not responded even the email sent by the complainant was not replied.There is thus deficiency in service and unfair trade practice on the part of the OPs.

3. Notice of the complaint was sent to the OPs through registered post.RC of OP No.1 received back with the report of ‘Incomplete address” while notice of OP No.2 not received back unserved. None appeared on behalf of OP No.2 to contest the complaint and were accordingly proceeded against exparte on 25.10.2019.Complainant was directed to furnish correct/complete address of OP No.1.
4. Today the case is repeatedly called but none has come present on behalf of the complainant. Since the complaint pertains to August,2019, therefore, we proceed to decide the matter on merits.
5. From the perusal of the file, it transpires that the complainant was asked to furnish correct address of OP No.1 repeatedly but he has failed to do so. Under these circumstances no adverse order can be passed against OP No.1. Therefore, the complaint qua OP No.1 is dismissed.
6. Further the complainant has tendered in evidence Ex.CA his affidavit wherein he has almost deposed as per the averments put forth in the complaint. He has also furnished description flashed on the net,Ex.C1. The complainant has made the payment of Rs.1439/-  through Pay U Money vide Ex.C2. Copy of bill of the product is, Ex.C3. Complainant has also furnished copies of photographs of the product sent by OP,Exs.C4 &C5 copy of mail,Ex.C6.
7. The perusal of the record shows that the complainant has made the payment through OP No.2.Therefore, the duty of OP No.2 is over as it perfomed its duty and it cannot be held liable for any deficiency in service on its part.
8. Therefore, this Commission is of the view that the complainant has failed to prove his case against OPs because he has failed to provide correct address of OP No.1 also.The complaint is accordingly dismissed. No order as to costs.        
9.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                           President