BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.150 of 2020

      Date of Instt. 16.03.2020            Date of Decision: 20.04.2021

 

Pappu Ram Kumar Son of Heera Lal, Resident of Mega Boys Hostel, Block-B, NIT, Jalandhar, Punjab.

..........Complainant

Versus

M/s Smart Gallery Deal, Plot No.23, KH No.138/10, Ishwar Colony, Bawana, Delhi-110039.

….….. Opposite Party

 

Complaint Under the Consumer Protection Act.

 

Before: Sh. Kuljit Singh (President)

Smt. Jyotsna (Member)

 

Present: Complainant in Person.

OP exparte.

Order

Kuljit Singh (President)

1. The instant complaint has been filed by the complainant, wherein alleged that the complainant had ordered a mobile (Redmi Note 8 Pro), a wallet, a watch, shoes from the OP company on 13.11.2019 for a sum of Rs.4500/- and got the delivery of the product on 19.11.2019. That when the complainant got the delivery of the package he found that the package only contains the shoes and wallet but the rest of two items was not delivered to the complainant. That immediately from there on the complainant followed up and requested many times the OP for the delivery of the rest three items but there was no such positive response got from the OP to the complainant. That the OP willfully neglected and avoided his client each and every time. That after repeated contact by the complainant, the OP did not responded to the complainant at all also from there on the OP ignored the complainant by not responding the call of the complainant and the hard earned amount of the complainant has been struck with the OP unethically. That the unprofessional attitude and deficient service of the OP company caused a huge financial loss and mental harassment and agony to the complainant and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the purchase amount of Rs.4500/- and further OPs be directed to pay compensation of Rs.15,000/- for causing mental tension and harassment to the complainant and further OPs be directed to pay litigation expenses.

2. Notice of the complaint was given to the OP, but despite service OP miserably failed to appear and ultimately, the OP was proceeded against exparte.

3. In order to prove his respective version, the complainant himself produced on the file his respective evidence.

4. We have heard the argument of complainant and also gone through the case file very minutely. 

5. In this case, the dispute is only that the complainant ordered a mobile (Redmi Note 8 Pro), a wallet, a watch, shoes from the OP company on 13.11.2019 for a sum of Rs.4500/- and got the delivery of the product on 19.11.2019, when the complainant got the delivery of the package, then he found that the package only contains the shoes and wallet but the rest of two items was not delivered to the complainant and as such, the complainant filed the present complaint.

6. One thing is very important in this complaint that the complainant stated that he ordered a mobile (Redmi Note 8 Pro), a wallet, a watch, shoes from the OP company on 13.11.2019, but the complainant failed to produce on the file any document or receipt, where-from we construe that virtually he ordered the said items or not, he simply stated in his complaint that he ordered the said items and if we see the price of the Redmi Note 8 Pro, then it comes above Rs.10,000/-, then how we understand the rate of Redmi Note 8 Pro, a wallet, a watch, shoes is only Rs.4500/-. The complainant only brought on the file document Ex.C-1 which is delivery of the product, Ex.C-2 Legal Notice and Ex.C-3 Receipt. So, the complainant is totally failed to prove that he ordered the product (Redmi Note 8 Pro), a wallet, a watch, shoes and accordingly, in the absence of same, the complaint of the complainant is without merits and the same is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work and spread of Covid-19.  

7.               Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room after due compliance. 

Announced in open Commission

 

20th of April 2021

 

 

 

 

Kuljit Singh

(President)

 

 

 

 

Jyotsna

(Member)