Tamil Nadu

South Chennai

CC/10/2016

M/s.S.Vishal - Complainant(s)

Versus

M/s.Ebay India Pvt Ltd - Opp.Party(s)

M/s.Rajamanikam

17 Nov 2016

ORDER

                                                                        Date of Filing :   06.11.2015

                                                                        Date of Order :   17.11.2016

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : PRESIDENT             

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.10/2016

THURSDAY THIS  17^TH  DAY OF NOVEMBER 2016

 

S. Vishal,

Flat No.K, 2^nd Floor,

Sri Chakra Flats,

No.17, East VAnniyar Street,

West K.K. Nagar,

Chennai 600 078.                                         ..Complainant

 

                                              ..Vs..

 

1. M/s. eBay India Private Limited,

Rep. by its Chairman & Director,

14^th Floor, North Block,

R-TECH Park,

Western Express Highway,

Goregaon (East),

Mumbai 400 063.

 

2. Rajiv (also known as) Rajiv Guptha,

Triveni Building,

No.24, J.B. Nagar,

Andheri (East),

Mumbai 400 059.

 

3. M/s. Canara Bank,

Rep. by its Branch Manager,

Mumbai Branch, J.B.Nagar,

Andheri East,

Aayushi Apts, GF, B Wing,

NO.1 -5, P No.248 Vill. KOndivita,

J.B. Nagar, Andheri (E),

Mumbai 400 057.                                           ..Opposite parties

 

For the Complainant                 :    M/s. P.Rajamanickam, Advocate.   

For the opposite parties 1 to 3   :    Exparte.

ORDER

THIRU. S. PANDIAN, PRESIDENT

          This complaint is filed by the complainant against the opposite parties under section 12 of Consumer Protection Act  to seek direction  to pay  the cost price of the Laptop Computer to the tune of Rs.81,000/- with interest and also to pay a sum of Rs.50,000/- as compensation for hardships, inconvenience and mental agony with cost as prayed for.

1.  The averment of the complaint are brief as follows:

        The complainant being a college student who is doing Bachelor of Architecture and wanted to purchase a Laptop Computer for his personal use of studies.    On 20.11.2014  the complainant placed on order for a Laptop computer through online purchase to the 1^st opposite party and paid a sum of Rs.85,500/- towards its cost.  The  1^st opposite party negligently allowed to pass on the particulars of the complainant to others and that the  2^nd opposite party posing as 1^st opposite party, mislead the complainant with false statements.  The 2^nd opposite party worked out at 1^st opposite party side and caused return of amount.  Then the 2^nd opposite party got the amount transferred in his name.    The complainant did not receive the article as ordered by him and suffered loss.   When the matter was brought to the notice of the 1^st opposite party it turned blind eye and did not care to look into the matter and give any reply to any of the requests, reminders, notices and demands.   The 1^st opposite party neither come forward to investigate the matter nor take any action in the matter nor come forward to lodge any complaint with police against persons involved in sharing / co-operating / assisting  / misleading / acting mischievously with the order of the customer.   The only action taken by the 1^st opposite party was that, he deleted the transaction details/ purchase history of the complainant from its website.   The opposite parties 1 & 2 thus caused loss and upset the studies of the complainant and also pushed the complainant to purchase another Laptop computer for his studies.   The act of the opposite parties 1 & 2 amounts to deficiency in service and caused mental agony inconvenience and hardship to the complainant and hence this complaint is filed.    

2.     Inspite of notice received by the opposite parties 1 to 3,   the opposite parties have not chosen to appear before this Forum.    Hence they were set exparte.

3.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to Ex.A17 are marked. 

4.      At this juncture the point for consideration before this Forum is:

1.   Whether there is any deficiency of service on the part of the opposite     parties as alleged in the complaint?.

 

2. To what other reliefs, the complainant is entitled for?

 

5.       Written arguments submitted by the complainant.  In addition to that oral arguments also adduced by the complainant.    Though opposite parties-1 to 3 remained exparte, this  Forum wants to dispose this compliant fully on merits with available materials.

6.      POINT NO.1       

          Regarding this point, this forum has to consider as to whether the complainant has proved the allegation made in the complaint by means of reliable evidence.   First of all, on going through the evidence of the complainant, Ex.A1 & Ex.A2 documents to show that the identity of the residential address of the complainant, Ex.A3 is a proof of the bank account of the complainant’s father by  showing the withdrawal of Rs.85,500/- and the same was given to the complainant for the purchase of the Laptop Computer.   Similarly Ex.A4 is the copy of  City Union Bank Account statement of complainant’s friend Hariharan in order to prove the deposit of Rs.85,500/- on 20.11.2014 by the complainant to purchase the Laptop Computer since the complainant is not at all having internet banking facility and also not having any bank account in his name.  

7.       It is further seen that Ex.A5 is the snapshot copies of the website of 1^st opposite party which show the complainant’s order for purchase of Laptop Computer and for the payment.    At this point of time, though the 1^st opposite party acknowledged   the receipt of the payment, the 2^nd opposite party who is the representative of 1^st opposite party contacted the complainant,  in order to avoid delay, the 2^nd opposite party would process for cancellation of the order of the complainant and arrange for refund of the amount from the 1^st opposite party and  in turn the complainant  should remit the payment directly to 2^nd opposite party account, and thereby the product ordered would be delivered soon to the complainant to that effect the communication between them, Ex.A6 is marked.    Further Ex.A6 clearly shows that the 1^st opposite party is grossly negligent by allowing opposite party-2 to communicate, and processed the refund of amount and Ex.A7  is the email communication from the 1^st opposite party in this regard  which clearly admits that the seller i.e. 2^nd opposite party initiated the refund for this item on 24.11.2014.     Thereafter, through Ex.A8, the opposite party-2 persuaded the complainant to pay a sum of Rs.81,000/- in his account. 

8.       It is further learnt from the evidence of the complainant that on confidence over the 2^nd opposite party, on 24.11.2014 the complainant paid a sum of Rs.81,000/- through online NEFT fund transfer to 2^nd opposite party which is marked as Ex.A9.   It is further seen from Ex.A11 clearly reveals  above fact,  the request and reminders of the complainant for the delivery of the article or for return of money from the 2^nd opposite party,  but the 2^nd opposite party has not come forward to deliver the product though the considerable amount of Rs.81,000/- received by him.    The whatsapp and email communication between the complainant and the opposite party-2 are marked as Ex.A10 & Ex.A11 respectively.  Therefore, the complainant had issued a legal notice Ex.A12, Ex.A14 & Ex.A15 to the opposite parties 1 & 2 and the same was received by them Ex.A13 & Ex.A16 are the Acknowledgment cards.  Ex.A17 return cover addressed  to 2^nd opposite party and therefore the complainant is constrained to file this compliant before this forum for deficiency of service on the part of the opposite parties 1 & 2.

9.       From the forgoing evidence and documents, the complainant has clearly proved the deficiency of service and unfair trade practice on the part of the opposite parties 1 & 2 by means of relevant and cogent documents.   While doing so the opposite parties 1 & 2 have not chosen neither to appear before this forum nor to produce any evidence to disprove the allegation and made in the complaint.   Therefore it is crystal clear that there is no contra evidence against the complainant.   Moreover this forum can easily be drawn an adverse inference against the opposite parties 1 & 2.   In respect of opposite party-3, no relief claimed by the complainant even in the complaint itself and therefore there is no necessity to proceed further with, against opposite party-3.  Thus point No.1 is answered accordingly.    

10.    POINT NO.2: -

As per decision arrived in point No.1, the complainant is entitled  to get the refund of cost price of Laptop computer of Rs.81,000/- along with interest at the rate of 9% p.a. from  the date of complaint  i.e. 6.11.2015   to till the date of this order i.e. 17.11.2016 along with reasonable compensation and cost towards litigation expense.    Thus point No.2 is answered accordingly.

 

 In the result, this complaint is allowed in part. Accordingly, the opposite parties 1 & 2 are jointly and severally directed to  repay the cost price of the Laptop Computer worth of Rs.81,000/- (Rupees Eighty one thousand only) along with interest at the rate of 9%  p.a. from 6.11.2015 to till the date of this order i.e. 17.11.2016 and also to pay a sum of Rs.20,000/- (Rupees Twenty thousand only) towards compensation for causing mental agony, hardship and inconvenience to the complainant due to unfair trade practice which leads to deficiency of service on the part of the opposite parties 1 & 2  with cost of Rs.5,000/- (Rupees Five thousand only) towards litigation expense to the complainant.  In respect of 3rd opposite party, the complaint is dismissed.

 

The above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the  17th  day  of  November  2016.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-         -       - Copy of College identity card/Driving License / Family card. Ex.A2- 6.2.2015    -  Copy of Telephone bills.

Ex.A3-         -       - Copy of Bank Statements.

Ex.A4-         -       - Copy of Bank Statement.

Ex.A5-         -       - Copy of Snapshot of buyer’s transaction.

Ex.A6-         -       - Copy of mobile Phone bills & Snapshots of Whatsapp

                             Communications between complainant & opposite party-2.

Ex.A7-         -       - Copy of email received from opposite party-1.

Ex.A8-         -       - Snapshots of Whatsapp communications between

                            complainant and opposite party-2.

Ex.A9- 24.11.2014         - Copy  of email confirming money transferred to opposite

                             party-2.

Ex.A10-       -       - Snapshots of whatapp communications between

                             complainant and opposite party-2.

Ex.A11-       -       - Copy of email communication between complainant and

                              Opposite party-2.

Ex.A12- 8.12.2014         - Copy of notice issued to opposite party-2.

Ex.A13-       -       - Copy of Ack. card signed by opposite party-1.

Ex.A14- 18.3.2015         - Copy of notice issued to opposite parties 1 & 2.

Ex.A15- 18.3.2015         - Copy of notice issued to opposite party-2.

Ex.A16-       -       - Copy of Ack. card singed by opposite party-1.

Ex.A17-       -       - Copy of return cover addressed to opposite party-2.

 

 

Opposite parties’ side documents:

.. Nil..      (Exparte)

 

MEMBER-I                        MEMBER-II                             PRESIDENT.