D.O.F. 17.03.2012

                                          D.O.O. 25.05.2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:   Sri. K. Gopalan                                     :        President

                Smt. K.P. Preethakumari                     :         Member

                Smt. M.D. Jessy                                    :        Member

Dated this the 25^th day of May, 2012.

C.C.No.84/2012

Dr. John Tharappel Devassia,

Professor, Govt. College of Engineering, Kannur  :        Complainant

Alakode P.O., Kannur – 670 571.

(Rep. by Adv. T.C. Sibi)

M/s. India Plaza.com,

No.21, Brigade Square,

Cambridge Road, Ulsoor,                                      :         Opposite Party

Bangalore - 560008

                                                 O R D E R

Smt. K.P. Preethakumari, Member.

          This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite party to pay `13,999, the cost of gudget with `10,000 as compensation.

          The case in brief of the complainant is that as induced by the online advertisement of opposite party he has placed an order for Samsung Galaxy Tab 1010 having 3G supported with dual sim on 04.01.12 and the product was received on 09.01.12.   On receipt of the gadget, it is only a junk without any 3G support or dual sim and is not

worth even for `6,000.  The complainant has paid `13,999 as offer price and the MRP published by opposite party is `26,000.  After that the India Plaza site also was changed indicating that the MRP of Samsung galaxy Tab 1010 is only `17,100 and also the technical specifications are changed.  So the complainant lodged a complaint in the website of opposite  party immediately as per ticket number CNT/001120298 on 11.01.12 and got a reply that his request was forwarded to the concerned department and action will be taken within 3 days.  But he did not get any reply eventhough he had issued reminders.  The petitioner had purchased the gadget for giving as birthday gift for his daughter who is 1^st B Tech student, but it was not materialized even today.  So the complainant had issued a notice and eventhough the opposite party received the same has issued  an E-mail message stating that they regret for the delay caused in updating the solution for the complainant and also request to send the product to India Plaza Brigade Square, No.21, 2^nd and 3^rd floor, Halasuru, Bangalore – 560 008.  So the complainant sent the product to the respondent on 07.02.12 by first flight Courier as per consignment No. H22535641 and the opposite party acknowledged the product, but they returned the parcel on 24.02.2012 to the complainant without mentioning anything.  According to the complainant the opposite party neither open the parcel nor verified anything about the parcel and simply retuned to the complainant.  The opposite party cheated the petitioner by obtaining `13,999 from the complainant is unfair trade practice.  The petitioner suffered much more due to the act of the complainant and is liable to pay compensation to the complainant.  Hence this complaint. 

          Upon receipt of the complaint Forum issued notice to the opposite party.  Eventhough the opposite party has received the same, they remains absent and hence they were called absent and set exparty.

          The main points to be considered in this case is whether there is any unfair practice on the part of the opposite party.

          The evidence in the above case consists of the chief affidavit filed by the complainant in lieu of chief examination and documentary evidence Ext.A1 to A11.

          Complainant’s case is that as induced by the online advertisement of 1^st opposite party he had placed an order for the gadget having dual sim with 3G support by giving offer price of `13,999.  But the opposite party issued through courier the product without 3G support and dual sim having price of less than `6000 and thereby cheated the complainant showing unfair trade practice.  In order to prove his case he has produced documents such as invoice dated 06.01.12, shipment card, India Plaza Customer Care details, policy with respect to returning of damaged products, certificate, marks statement, copy of lawyer notice, acknowledgment card, ticket resolution, courier consignment slip and

verified photocopy of the packet etc.  The complainant had filed the affidavit in tune with his pleadings.  The affidavit along with the documents produced proves that the complainant has placed an order for 3G supported dual sim gadget from opposite party and they had issued the product to the complainant in Kannur through courier.  The complainant contended that gadget is only a junk without any 3G support or dual sim and has worth only below `6000 and also contended that eventhough it was send back to opposite party according to their e-mail message, the same was returned without opening.  The opposite party remains absent, eventhough the proper notice was served upon him.   So there is no contra evidence before us.  There is no need to disbelieve a consumer, especially he is a reputed person, a professor of Government Engineering College.  The complainant contended that he has purchased the same as a birthday gift for his daughter, who has been studying for 1^st year B.Tech.  So the contentions put forwarded by the complainant remains disproved and hence we are of the opinion that

there is unfair practice, by issuing a low quality product than promised for  which they are liable to refund `13,999 along with `1,000 as cost of the proceedings and `2,000 as compensation and passed orders accordingly.

          In the result, the complaint is allowed directing the opposite party to refund `13,999 along with `2,000 as compensation and `1,000 as cost

of the proceedings within one month from the date of receipt of this order, failing which, the complainant is entitled to execute the order as per the provisions of Consumer Protection Act.  The complainant is directed to return the gadget on such event of payment of the above amount to him by opposite party.

          Dated this the 25^th day of May, 2012.

                          Sd/-                        Sd/-       

                     President                  Member                 

APPENDIX

Exhibits for the Complainant

A1.  Invoice dated 06.01.12.

A2.  Order acknowledge receipt.

A3.  Customer details.

A4.  Policy regarding returning damaged products.

A5.  Certificate dated 26.04.2012.

A6.  Marks Statement

A7. Copy of Lawyer notice.

A8. Copy of Acknowledgment.

A9.  Ticket resolution.

A10. Postal acknowledgment .

A11. Copy of the cover of returned article.

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil   

    /forwarded by order/

                                                                     SENIOR SUPERINTENDENT