O R D E R ; ( Per Shri B.R. Chandel, President
The complainant Ramesh Chand on the strength of this complaint has claimed that the opposite parties be directed to replace mobile phone or to refund its price and to pay a compensation of Rupees 50,000/- for deficiency in service and causing harassment, monetary loss and mental tension on the grounds that the opposite party deals in the production and sale of Glaxy II Mobile Phones. The opposite party floated a scheme on the occasion of 15th August, 2013 being Independence Day regarding product No. 959 to sell Galaxy II mobile phone for Rupees 2999/- and promised that the said mobile phone would have android menu display 3.2” trace application with various other features. The said offer was advertised in the daily newspaper including ‘Amar Ujjala’. The complainant attracted by the said advertisement and representation opted to purchase the Galaxy II mobile phone and booked product No. 959 on 15-08-2013 on contact No. 09029010188 as mentioned in the said newspaper. The opposite party accepted the said offer to sell the mobile phone to the complainant after inquiry postal code and pin code from the complainant and promised to send the product though VPP within few days. The complainant at the time of booking further confirmed about the genuineness of the scheme and only thereafter offered to purchase the mobile phone in question. The complainant on 27-08-2013 received the mobile phone vide VPP after payment of Rupees 3245/- including the price of the mobile phone and collection charges. But when the complainant opened the box he was surprised to know that the opposite party had sent a china mobile of a very low value having no features as mentioned in the advertisement of sale, upon which the complainant called upon the opposite party on the said mobile number, but no satisfactory answer was given by the opposite party. The complainant also sent a notice dated 30-08-2013, but the opposite party paid no heed and has cheated and played fraud and committed unfair trade practice due to which the complainant has suffered harassment, monetary loss, humiliation and mental tension.
2. The notice of the complaint was duly served upon the opposite party, but the opposite party did not appear hence has been proceeded against exparte.
3. The complainant has led exparte evidence.
4. We have heard the learned counsel for the complainant and gone through the records of the complaint.
5. The averments made in the complaint are duly supported and corroborated by the deposition of the complainant made in affidavit Annexure C-1. The claim set up by the complainant is duly supported by the advertisements made in newspaper ‘Amar Ujjala’ dated 15-08-2013 Annexure C-4. Vide advertisement Annexure C-4 the opposite party had offered to sell mobile phone Galaxy II with android memo ,display 3.2” having internet and other facilities. Attracted by the features disclosed in the said offer of sale Annexure C-4 the complainant offered to purchase the mobile phone and paid Rupees 3245/- including collection charges, but the mobile phone in question is not having the features disclosed in the advertisement Annexure C-4 which amounts to unfair trade practice. The complainant served upon the opposite party notice Annexure C-2 and thereby requested to send the product as represented vide advertisement Annexure C-4, but the opposite party failed to supply the mobile phone having such features and paid no heed which again amounts to unfair trade practice. The deposition of the complainant has gone unrebutted and unchallenged and this Forum has no reason to disbelieve the same. The opposite party did not opt to resist and contest the complaint which meant that it has nothing to state in opposition of the claim of the complainant.
6. In view of the evidence discussed and findings recorded above, this forum has no alternative except to conclude that the opposite party has committed unfair trade practice due to which the complainant has suffered monetary loss, harassment, humiliation and mental tension.
RELIEF:
In view of the findings recorded above, the complaint is allowed. The opposite party is directed to refund Rupees 3245/- to the complainant with interest at the rate of 9% per annum from the date of filing of this complaint i.e. 26-09-2013 till the said amount is paid or realised. The opposite party is also directed to pay punitive compensation of Rupees 5,000/- and cost of the complaint which we assess at Rupees 3,000/-. Let certified copy of this order be sent to the parties free of cost. The file be consigned to the records after its needful.
Announced and signed in open Forum
on this the 05th day of March, 2015.
