Chandigarh

DF-II

CC/166/2023

SANDEEP KUMAR - Complainant(s)

Versus

M/S MEHR ELECTRONICS - Opp.Party(s)

15 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	166/2023
Date of Institution	:	13.03.2023
Date of Decision	:	15.02.2024

 

                     

            

 

Sandeep Kumar # 3096, Sector 44-D, Chandigarh.

 

                 ...  Complainant.

Versus

M/s Mehr Electronics, SCO 373, Sector 35-B, Chandigarh.

 

…. Opposite Party.

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SMT.SURJEET KAUR	MEMBER
Present:-
	Complainant in person. OP exparte.

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainant has filed the present complaint pleading therein that he purchased 4 ACs along with stands vide invoice dated 15.04.2022 for Rs.1,56,500/-(Annexure C-1). At the time of its purchase, the OP also provided gift coupon vide Voucher No.669729 of GIFFITI, an online shopping site, worth Rs.12000/- (Annexure C-2). To redeem the voucher, the complainant placed an order bearing No.102151 dated 25.04.2022 for Rs.11,944/- but he did not receive any item and as such he wrote an e-mail dated 13.06.2022 (Annexure C-5) to the OP in this regard.  He also lodged the complaint vide e-mail dated 17.06.2022 (Annexure C-6) with the manufacturer of the product, followed by reminders dated 28.06.2022 and 10.07.2022 (Annexures C-7 & C8). In reply to these e-mails, the complainant was given false assurances regarding redemption of the voucher. Lastly, the complainant sent final e-mail/notice dated 20.09.2022 to the OP (Annexure C-11) and in response to the same, the OP admitted its liability but no resolution was provided.  Alleging that the aforesaid acts of omission and commission on the part of the OP amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OP to refund the sum assured of Rs.12,000/- along with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.     Despite due service through registered post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 13.04.2023
3.     The complainant filed his affidavit and documents in support of his case.
4.     We have heard the complainant in person and have gone through the documents on record.
5.     From the thorough perusal of the documentary evidence on file especially the Invoice dated 15.04.2022 placed on record as Annexure C-1, it is observed that the complainant purchased 4 ACs along with stands for Rs.1,56,500/- and the OP also issued gift coupon vide Voucher No.669729 of GIFFITI worth Rs.12,000/- (Annexure C-2) to him. It is also observed from Annexures C-4.1 to C-4.4 that to redeem the aforesaid voucher, the complainant placed an order bearing No.102151 dated 25.04.2022 for Rs.11,944/- but the items against the said order were  not delivered to him so far. The complainant also exchanged e-mails regarding non-redeeming of the voucher(s) with the OP as well as manufacturer but to no effect. The act of the selling the ACs under the garb of the gift voucher(s) and thereafter non-redeeming of the said voucher(s) certainly amounts to indulgence into unfair trade practice on the part of the OP.
6.     Moreover, the OP did not appear to contest the case and preferred to proceed against ex-parte. Non-appearance of the OP shows that they have nothing to say in their defence against the allegations made by the complainants. Therefore, the assertions of the complainant go unrebutted & un-controverted.
7.     In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The OP is directed to refund the price of the voucher i.e. Rs.12,000/- to the complainant along with interest @ 9% p.a. from the date of its issuance till the date of its actual realization.
8.     This order be complied with by the OP within sixty days from the date of receipt of its certified copy.
9.     The pending application(s) if any, stands disposed of accordingly.
10.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 15.02.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (SURJEET KAUR) MEMBER