BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 19TH DAY OF DECEMBER 2022

ORDER

SRI.M.SHOBHA, PRESIDENT

1. This  complainant  filed this complaint against the Opposite parties  for reliefs

1. To Direct the OP to deliver Realme Narzo 50A Mobile(Oxygen Green, 128GB) or to pay for an amount of Rs.12,499/- along with interest at the rate of 18% per annum
2. To pay an amount of Rs.1,00,000/- a monetary reliefs towards the mental agony and harassment made by the OP towards the complainant
3. To pay the legal expenses of Rs.20,000/- to the complainant  and such other reliefs.

2.  The case of the complainant is that:

It is the case the complainant that she is working in a company. The complainant is filed by Special Power of Attorney holder, who is none other than her husband. She has booked Realme Narzo 50A Mobil(Oxygen Green, 128GB)  on 15.01.2022 for a sum of Rs.12,499/-, which was expected to be delivered on 16.01.2022 by the OP. The complainant has purchased the mobile phone by availing loan from KreditBee for six monthly installments. The value of the of the mobile is Rs.12,499/-. She was expected the delivery of mobile phone on 16.01.2022 and it was again rescheduled on 18.01.2022 and complainant is in correspondence with customer care executive and they assured and guaranteed the delivery of the mobile.

It is further case of the complainant that on 28.01.2022 and 01.02.2022 the complainant has raised issue with regard to non-delivery of the product and the OP had with regard to the non-delivery of the product and also agreed to resolve the issue within 7 working days and also agreed to deliver the mobile phone to the complainant.

It is further grievance of the complainant that the said mobile was not yet delivered to the date of filing of this complaint. The monthly installment was started and she was to pay loan amount and same was also intimated to the OP Customer Care Executive. Now she has paid entire EMI and it is quit unfortunate that the said product that is Realme Narzo 50A Mobile(Oxygen Green, 128GB) not yet delivered to the complainant as per assurance of the OP.

It is further  grievance of the complainant that OP being the service  oriented business  is the purely bases on the trust and obligation offered to the public with utmost dedication and caution. The OP not ready to give the whereabouts/details of mobile phone and OP are just saying that the Mobile phone will be delivered  without specifying any date or time.  Having no other alternative way the complainant got issued legal notice asking the OP either to payback the said amount of Rs.12,499/- along with interest at 12% per annum or deliver the mobile phone. She also got issued legal notice on 15.03.2022 through her advocate and same was served on 16.03.2022 requesting the OP to resolve the issue. The OP even after service of notice not even bothered to reply to the said notice, there by OP has committed deficiency of service to the complainant. Hence,  she  filed this complaint seeking reliefs.

3. After filing of the complaint notice was issued to OP, the OP remains absent and OP  placed exparte.  

4. In order to prove her complaint, the SPA holder of the complainant has filed affidavit evidence and relied on 12 documents Ex.P1 to P12 and closed her side.

5. We heard the arguments of the complainant.

6. The following points do arise for our consideration are as under:-

1. Whether the complainant proved deficiency of  service and negligence on the part of the OP?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

7. Our answer to the above points are as under:

       Point No.1:-Affirmative

      Point no.2:- Affirmative in part.

      Point No.3:-As per the final order.

REASONS

8. Point Nos.1 and 2:. These two points are interrelated and hence taken for common discussion. The allegations made in the complaint, evidence of the complainant and documents relied on by the complainant remain unchallenged, since the OP remained absent and placed exparte. The OP have not at all disputed the allegation made in the complaint, evidence and also documents produced by the complainant.

9. It is clear from the evidence of the complainant documents that the complainant booked RealMe Narzo 50A Mobile(Oxygen Green, 128GB) for a sum of Rs.12,499/- on 15.01.2022  and it was expected to be delivered on 16.01.2022 by the OP and the delivery date was rescheduled on 18.01.2022. The complainant was in correspondence with the Customer Care Executive of the OP and OP assured  and guaranteed of delivery of  the mobile. As per assurance given by the OP customer care executive the complainant waited till 28.01.2022 and 01.02.2022. After that the complainant raised the issue with regard to non-delivery of the product and the OP have agreed to resolve this issue within 07 working days, then also failed to deliver the mobile. Even though the complainant has waited till 15.03.2022 the OP has not at all delivered the mobile.

10. The complainant has raised the loan for purchase of the mobile and she has to pay the   amount within six installments. The complainant even though has not received mobile phone has to pay the installment amount. Even after payment of entire installment amount for the loan raised by the complainant, the OP  have not at all deliver the mobile phone to the complainant. The complainant has last resort  sent notice  to the OP company and also issued legal notice through her advocate to the OP. Inspite of service of legal notice, the OP neither complied  to the notice nor refunded the amount.

11. In support of her contention, the complainant also produced Doc. No. SPA executed in favour of her husband to prosecute the case. Doc. no.2 is copy of screen shot of the order details, Doc. no.3 is screen shot of the loan details, Doc.no.4 is screen shot of the complaint to the OP, Doc. no.5 is screen shot of the call recordings, Doc. no.6 is legal notice, Doc. no.7 is postal receipt, Doc.no.8 is copy of track report of the registered post acknowledgement for having service of notice to OP and Doc. no.9 is screen shot of the issues dt.05.04.2022 and 13.04.2022.

12. It is clear from the evidence of the complainant and also documents produced by her that even though the complainant has booked the mobile on 15.01.2022 by paying amount of  Rs.12,499/-, but the OP company have not delivered the mobile phone to the complainant. In view of this, complainant has to pay EMI for the loan amount raised for purchase of mobile phone from the OP company. Even though the complainant waited for more than 2 to 3 months, the OP neither delivered the mobile phone nor refunded the amount.

13. The OP even though have received entire amount from the complainant and  have failed to supply or deliver the mobile phone booked by the complainant. Thereby they have committed deficiency of service, negligence and also unfair trade practice on their part. The email conversation produced by the complainant clearly discloses that the complainant has requested the OP customer care executive  on several times to deliver the mobile. In spite of that they have not delivered the mobile phone and they have not interested to refund the amount for the reasons best known to them.

14. The complainant is also working lady. In view of non-delivery of the mobile phone within the expected date of delivery, the complainant has suffered mental agony and also financial loss  and she also to burdened with paying installments, even though she has not received the mobile phone from the OP company. In view of this the complainant has suffered mental agony and also hardship.  Therefore, the complainant is also entitled for refund of the amount of Rs.12,499/- from the OP with interest. Even though the complainant has paid entire amount in lumpsum, the OP have neither bothered to deliver the mobile phone till date. The OP is also reputed company and they have not taken any care in delivery of the product after receiving entire amount from the complainant even though the complainant contacted customer care for several times. Under these circumstances, the complainant is also entitled for compensation  of Rs.20,000/- and legal expenses of Rs.10,000/-. Therefore, we answer point no.1 in the affirmative and Point No.2 affirmative in part.  

15. Point no.3:-.  In view of the above discussions, the complaint is liable to be allowed in part and complainant is entitled for refund Rs.12,499/- with interest  at 12% P.A. from the date of complaint till realization. The complainant is also entitled for compensation of Rs.20,000/- for mental agony suffered by her. The complainant is also entitled for litigation expenses of Rs.10,000/-. Accordingly, we proceed to pass the following 

O R D E R

1. The complaint is allowed in part.
2. The OP is directed to refund Rs.12,499/- with interest at 12% p.a. from the date complaint  till realization. The OP is further directed to pay compensation of Rs.20,000/- along with Rs.10,000/- towards litigation expenses.
3. The OP is further directed to pay entire amount within 60 days from the date of this order, if the OP failed to refund the amount, the amount of Rs.12,499/- will carry interest at 14% p.a. after expiry of 60 days till realization of the amount.
4. Furnish the copy of this order to both the parties, and return the spare pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 19^th  day of December, 2022)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1 :  Nil