| Final Order / Judgement | - That the case of the case of complainant is that getting information from the advertisement on TV, he placed an order to purchase a sculpture and paid Rs. 9,234/- through online. It is alleged that on receiving the same, he found that the said sculpture is not as per the TV advertisement and on
use it is also noticed that the same is not functioning properly
and while on contact to the O.P, they did not put any
satisfactory answer either to replace the same or to refund the costs of the product, thus alleging unfair trade practice and with other allegations, he filed this case with a prayer to direct the O.P. to replace the product to refund the costs of product alongwith compensation of Rs. 50,000/- and Rs. 5,000/- towards costs of litigation to him. - The O.P. appeared in this case and filed their counter versions admitting the sale of alleged product to the complainant vide their invoice no. V000058174 dated 25.05.2015 and order no. M1872667 for Rs. 9,234/- but denied the allegations of the complainant contending that after getting information from the complainant regarding defect in the alleged product, they made their best efforts to replace the alleged product on amicable settlement, but the complainant did not turn up. Further they have challenged the territorial jurisdiction of the Forum to entertain the present dispute and with other contentions, showing their no liability, they prayed to dismiss the case against them.
- Complainant filed certain documents to prove his allegations, whereas, the O.P. did not choose to file relevant documents related to subject matter of the case inspite of repeated opportunities provided to them keeping in view of natural justice. Hence we lost every to hear from them and the documents filed by the complainant remained unchallenged. Perused the case record alongwith the relevant documents available therein.
- It is an admitted fact that on 25.05.2015 complainant purchased a sculpture though online shopping system from the O.P. vide their invoice no. V000058174 dated 25.05.2015 and order no. M1872667 and paid Rs. 9,234/-. The allegation of complainant is that after receipt the alleged product he found the same is different one as per order placed and on use the sculpture is not functioning properly and made complaint
to the O.P. over telephone, but the O.P. did not respond properly nor replaced the same nor refunded the costs of the
alleged product. Whereas the O.P., on the other hand, have admitted in their counter stating that they have made their best efforts to replace the alleged product on amicable settlement basis.
- At the time of hearing, the A/R for O.P. submitted that they will replace the alleged product with a new one on amicable settlement, to which complainant disagreed stating that he has lost faith on the O.P. as they did not provide their best service and also he suffered mental agony for physical harassment due to such unfair practice followed by the O.P., hence it is quite impossible to believe the versions of the O.P. and he suffered as such he prayed for refund of the costs of the alleged product.
- Considering the submissions of the complainant and improper service of O.P., we feel, complainant must have suffered mental agony for non receipt of proper service from the O.P. for which he made correspondence with the O.P., which compel the complainant to seek redress before this Forum for proper justice by incurring some expenses. Hence this order.
ORDER The complaint petition is allowed in part. The O.P. is herewith directed to refund the costs of the alleged product i.e. Rs.9,234/- to the complainant and also to pay Rs. 3,000/- towards compensation and Rs. 2,000/- towards costs of litigation, within 30 days from the date of receipt of this order, failing which, the costs of product shall carry interest @ 10% p.a. from the date of this order till payment. Pronounced in the open Forum on this the 20th day of April, 2019. Issue free copy to the parties concerned. | |
