Haryana

Yamunanagar

CC/116/2014

Rajeev Bhakshi S/o Ram Saroop Bhakshi - Complainant(s)

Versus

M/s Modi Infosal Pvt.Ltd. - Opp.Party(s)

Chander Mehta

02 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                       Complaint No…116 of 2014.

                                                                                       Date of institution: 20.02.2014.

                                                                                       Date of decision: 02.06.2016.

Sh. Rajeev Bakshi aged about 45 years son of late Sh. Ram Saroop Bakshi, R/o House No. 72, Krishna Colony, Near Bye Pass Kamani Chowk, Yamuna Nagar (Haryana).  

                                                                                                                                                                                                                                                                                                                                                                                                                …Complainant.

                                   Versus

M/s Modi Infosal Pvt. Ltd. Building No. 47, 2^nd Floor, Brij Mohan Marg, Near Hindi Park, Daryaganj, New Delhi-110002.

                                                                                                                                        …Respondent.

                         

 

CORAM:          SH. ASHOK KUMAR GARG,  PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present:  Sh. Chander Mehta, Advocate, counsel for complainant. 

               Respondent already ex-parte.         

           

 

ORDER

 

1.                     Complainant Sh. Rajeev Bakshi has filed the present complaint under section 12 of the Consumer Protection Act, 1986.

2.                     Brief facts of the complaint, as alleged by the complainant, are that the complainant ordered one X-Pad Multi Touch Tabtop of Simmtronics to Home Shoppe-18 with specifications as Android 4.0, on cash against delivery basis vide order No. 934827509 on dated 29.11.2013 and the item was shipped vide refer No. AWE 702601943 through Economic Express Courier and the same was received by the complainant on 02.12.2013 and the item so received by the complainant was totally in broken state when complainant made payment of Rs. 4999/-. The complainant sent back the item to the Home Shoppe-18 on the same day i.e. 02.12.2013 by the courier which was duly acknowledged by the Op. The complainant requested the OP to replace the item in properly working condition but the OP is putting off the matter and never gave any satisfactory reply. Whenever, the complainant tried to contact the OP through telephone they always turned deaf ear to the request of the complainant. In this way, the OP has cheated the complainant. Hence, the complainant is entitled to get cost of Multi Touch Tabtop besides this Rs. 170/- on account of courier charges and compensation as well as litigation expenses. In support of his version counsel for the complainant tendered into evidence short affidavit of complainant as Annexure CX and documents such as Photo copy of Retail Invoice as Annexure C-1, Copy of courier receipt as Annexure C-2, Photo copy of Emails as Annexure C-3 to C-5 and copy of courier delivery receipt as Annexure C-6 and closed the evidence on behalf of complainant. 

3.                     Upon notice OP failed to appear despite service through registered post bearing No. ARH 0164210101N dated 19.06.2014, hence he was proceeded ex-parte vide order dated 07.08.2014.  

4.         We have heard the learned counsel for the complainant and have gone through the pleadings as well as documents placed on file carefully and minutely.

5.                     From the perusal of copy of retail invoice bearing No. MODIRIONLINE-13-1433802 dated 30.11.2013 and order No. 934827509 dated 29,.11.2013 (Annexure C-1) it is evident that complainant purchased X-Pad Multitouch Tabtop with Android 4.0 by Simmtronics for a sum of Rs. 4999/- from the OP. Further it is also evident that complainant returned the Tabtop in question through courier on the same date i.e. 02.12.2013, which is evident from Courier receipt (Annexure C-2). Learned counsel for the complainant draw our attention towards the copy of E-mails Annexure C-3 to C-5 in which the OP has conveyed the message to the complainant that product has not been received at their where house. Learned counsel for the complainant referred the E-mails dated 02.07.2014 mailed at 2.06 P.M., 2.09 P.M and again at 2.09 P.M. vide which the OP company have intimated that a complaint No. 91533345 against the order No. 334829509 has been registered and further it has been conveyed to the complainant that “ HS 18 has received a replacement request of X-Pad Multitouch Tabtop with Android 4.0 by Simmtronics for your order No. 334827509. Please expect and up date from us on the replacement in 4-6 working days and also referred another E-mail dated 02.07.2014 in which it has been mentioned by the OP that “ Dear Customer, reference, your order No. 934827509, please return the product at the building No. 47, 2^nd Floor, Brij Mohan Marg, Near Hindi park, Daryaganj, new Delhi. Learned counsel for the complainant further draw our attention towards the courier delivery receipt Annexure C-6 vide which the Tabtop in question has been delivered on 03.12.2013 at the address of the OP.

6                      From the perusal of above noted facts and after going through the conversation through E-mails and further as the OP failed to contest the present complaint and remained ex-parte, hence there is no reason to disbelieve the version of the complainant which is duly supported by the documentary evidence as well as being supported unrebutted affidavit of the complainant. Hence, we have no option except to partly allow the complaint of complainant.  

7.                     Resultantly, we partly allow the complaint of complainant and direct the OP to refund an amount of Rs. 4999/- as cost of Tabtop Multitouch  alongwith interest at the rate of 6% per annum from the date of filing of complaint till its realization and further to pay a sum of Rs. 1000/- as compensation for mental agony, harassment as well as litigation expenses. Order be complied within 30 days after preparation of copy of this order failing which the complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court: 02.06.2016.

(ASHOK KUMAR GARG)

 PRESIDENT

                                    (S.C.SHARMA )

                                    MEMBER.