BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 253 of 2016
Date of Institution : 22.9.2016
Date of Decision : 24.11.2016
Rakesh son of Sh. Ram Chander, resident of village Mithanpura, Tehsil Ellenabad, District Sirsa.
……Complainant.
Versus.
Zee Mobile Centre, 14, Palika Bazar, Gandhi Chown, Ellenabad, Distt. Sirsa.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA……………………….PRESIDENT
SHRI RANBIR SINGH PANGHAL……MEMBER.
Present: Sh. Rakesh Kumar, complainant in person.
Opposite party exparte.
ORDER
Case of complainant, in brief is that he purchased one mobile Samsung Galaxy J-3 on 3.9.2016 from opposite party for an amount of Rs.9500/-. After purchase of said mobile, when the complainant checked the price of the mobile on internet, the same is shown to be Rs.8492/- and after that when he saw the MRP (maximum retail price) on the box of the mobile, it was found mentioned as Rs.8999/- whereas the opposite party has charged amount in excess from MRP from the complainant. Thereafter, complainant inquired about the price of the mobile in question from the market and he was told about its price as Rs.8200/-. In this way, the complainant has been cheated. When the complainant raised protest against it to the op, the op flatly refused to refund the amount extra charged by him and did not listen him. Hence, this complaint.
2. Notice of the complaint was issued to the opposite party through registered cover and acknowledgment was received but despite that none appeared on behalf of opposite party. As such, op was proceeded against exparte.
3. The complainant has tendered in evidence his affidavit Ex.C1, copy of bill Ex.C2, document downloaded through internet Ex.C3 and copy of aadhar card Ex.C4 and acknowledgment Ex.C5.
4. We have heard complainant and have perused the case file carefully.
5. The complainant has not placed on file box of the mobile in question and in absence thereof, it cannot be said that what maximum retail price is mentioned on the box. Therefore, it cannot be said that opposite party has charged the amount in excess from the maximum retail price from the complainant. So, complainant has failed to prove his case and resultantly, the complaint is hereby dismissed. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated: 24.11.2016 District Consumer Disputes
Redressal Forum, Sirsa.
Member.