Haryana

StateCommission

A/976/2016

eBAY INDIA PVT.LTD. - Complainant(s)

Versus

NAKUL AGGARWAL - Opp.Party(s)

SIDDHANT KANT

05 Jul 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

          

                                                                    First Appeal No  :   976 of 2016

Date of Institution:  18.10.2016

                                                                   Date of Decision:    05.07.2017

 

 

eBay India Private Limited, Registered Office: eBay India Private Limited, 14^th Floor, North Block, R-Tech Park, Western Express Highway, Goregaon (East), Mumbai-400063.

 

                             Appellant-Opposite Party

 

Versus

 

Nakul Aggarwal son of Sharwan Aggarwal, resident of House No.939P3, First Floor, Sector 12A, Panchkula-134109.

Respondent-Complainant

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.

 

 

Present:              Shri Abhilaksh Grover, Advocate for the appellant.

                             Shri Nakul Aggarwal-complainant in person

 

                                                   O R D E R

 

NAWAB SINGH J. (ORAL)

 

          On January 05^th, 2016, Nakul Aggarwal-complainant placed an order of I-Phone 6S (16 GB) under New Year Online Offer 2016 to Ebay India Private Limited-opposite party (appellant herein).  The complainant made payment of Rs.15000/- to the appellant through credit card.  After eleven days, the appellant instead of delivering the I-Phone, refunded Rs.15,000/- to the complainant.  The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum, Panchkula (for short, ‘District Forum’). 

2.      eBay India Private Limited-opposite party (appellant) did not contest the complaint and was proceeded against ex parte before the District Forum.

3.      The complaint was allowed vide order dated May 25^th, 2016 by the District Forum.  Operative part of the order is reproduced as under:-

          “7.     In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed.  The opposite party is directed as under:-

1. To deliver the I-Phone 6S (16GB) booked by the complainant.
2. The complainant is also directed to pay Rs.15,000/- to opposite party which he received on delivery of said phone.
3. To pay an amount of Rs.5000/- as compensation for mental agony, harassment and cost of litigation.”

4.      Aggrieved of the aforesaid order, eBay India Private Limited-opposite party has filed the present appeal.

5.      The complainant placed an order of I-Phone 6S (16 GB) under New Year Online Offer 2016 to the appellant on January 05^th, 2016.  He paid Rs.15,000/- to the appellant through his credit card.   On the very next day, that is, January 06^th, 2016 the complainant sent an email (Annexure 1) to the appellant stating therein that the amount of Rs.15,000/- paid by him to the appellant be refunded to him and as such, the appellant refunded the said amount to him.  In view of this, there is no deficiency in service on the part of the appellant.  The District Forum fell in error in allowing the complaint.  The appeal is accepted, impugned order is set aside and the complaint is dismissed.  

6.      The statutory amount of Rs.10,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 05.07.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK