Delhi

New Delhi

CC/110/2015

Lokesh Gupta - Complainant(s)

Versus

M/S. Ebay .in E Bay India Pvt.Ltd. - Opp.Party(s)

31 Oct 2018

ORDER

 

 

                                CONSUMER DISPUTES REDRESSAL FORUM-VI

                               (DISTT. NEW DELHI),

                             ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                      NEW DELHI-110001

 

Case No.C.C. /110/2015                                                   Dated:

In the matter of:

Lokesh Gupta           

S/o Sh. P.L. Gupta

Flat No. 149B, Pocket F, Mayur Vihar Phase-II

New Delhi-110091                                                                …… Complainant

 

Versus

 

Ebay.in, E bay India Pvt. Ltd.

6^th floor, A wing, Statesman House

Barakhamba Road, Connaught Place

New Delhi & Others                                                       ……. Opposite party

 

NIPUR CHANDNA, MEMBER

ORDER

          

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that the complainant purchased a mobile phone online from OP and paid a sum of Rs. 12,591/-. It is alleged by the complainant that on 23/10/2014 he received the alleged hand set through courier alongwith the regret letter of the OP for delay in delivering the same. It is alleged by the complainant that on switching the mobile, he found that same is not working and same was a defective one. It is further alleged that despite his complaints and personal phone calls, OP neither replaced the alleged defective hand set nor has refunded the money, hence, this complaint.

2.         Consequent upon the receipt of complaint notice was sent to the OPs.  Despite service, none appeared on behalf of OP, therefore, it was proceeded ex-parte vide order dated 30.04.2015.

3.         Complainant has filed his evidence by way of affidavit.  Complainant has also filed copy of the Invoice, copy of  the e-mails exchanged between the parties in support of his case.

4.         We have heard arguments advanced at the Bar and have perused the record.

5.         It is argued on behalf of the complainant that despite making the payment of Rs. 12,591/- to OP, he cannot even use the alleged mobile phone for a single day. Despite repeated complaints neither the mobile was repaired by OP nor the money was refunded to the complainant. Hence, OP is liable to refund the cost of mobile handset in question.

6.         From the un-rebutted testimony of the complainant and documents placed on record, we are convinced with the version put forth by complainant. Perusal of the complaint along with annexures shows that the complainant has paid an amount of Rs. 12,591/- for the hand set but it was found non-working from the date of delivery to the complainant. This act of OP amounts to unfair trade practice.

We therefore hold OP liable for unfair trade practice and direct it as under:

1. Refund  a sum of Rs. 12,591/- along with 9% interest from the date of filing of the complaint i.e. 18/02/2015 till payment.

 

2. Pay to the complainant a sum of Rs.5,000/- as compensation on account of pain and mental agony suffered by him which will also include the cost of litigation.

 

3. Complainant is directed to return the hand set in question to the OP after receiving the award amount.

 

 

The order shall be complied  within 30 days of the receipt of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. This final order be sent to server (www.confonet.nic.in ). A copy each of this order be sent to both parties free of cost by post. File be consigned to Record Room.

Announced in open Forum on 31/10/2018. 

 

 

(ARUN KUMAR ARYA)

PRESIDENT

 

               (NIPUR CHANDNA )                                                                          ( H.M. VYAS )

                     MEMBER                                                                                           MEMBER