DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 83/2020 

QUORUM:

Judgment By: Shri S.S. Malhotra (President)

JUDGMENT

By this judgment the Commission would dispose off the present complaint filed by the Complainant against OP alleging deficiency in service w.r.t. selling defective Tablet to the complainant.

1. Brief facts as stated by the complainant in the complaint are that he purchased one Tablet from OP1 on 06.05.2020 for an amount of Rs.3,598/-  for his daughter who was student of 4^th standard, however, this tablet was defective piece  whereafter he made a complaint and it was replaced for four times and even he purchased one another SIM on the direction of OP2’s official for which he spent an amount of Rs.950/- additionally but the said Tablet was still defective whereafter he telephoned which was responded by one Mr. Neeraj of representative of OP2, who told that they would send a person at the house of the complainant and complainant would return the said Tablet to that fellow and thereafter the bill amount would be returned to the complainant and accordingly he gave the Tablet to the employee of OP2 on 16.06.2020 against a receipt but thereafter neither the amount was returned nor there is any communication and as such complainant was compelled to file the present complaint case thereby demanding Rs.3,598/- towards the cost of the Tablet along with Rs.1,200/- which he spent on the said Tablet along with compensation of Rs.8,000/-.     
2. The OPs were served and both the OP have filed their reply.
3. The OP1 after explaining w.r.t. its functioning has admitted that on the request of complainant one I-Kall 3G calling Tablet with stand was sold to the complainant against order No.67277916 for an amount of Rs.3,598/- out of which Rs.2,999/- was the cost of the Tablet and Rs.899/- was some diamond subscription charges which were paid to the OP1. The Product was sold by Alpha Radio and OP1 was only an intermediary in it. Complainant lodged the complaint on customer care team and then complainant was informed to return the product, which he returned but items  like Charger, OTP Cable, Warranty Card and Manual Free Stand were not returned by the complainant and as far as handing over the Tablet to the courier boy is concerned it is submitted that the complainant has handed over the product to the courier boy without informing OP1 and till date, complainant has not been able to inform as to which courier boy has received the Tablet from the complainant and when this information was demanded again the complainant has only provided one receipt number from which it cannot be ascertained as to who has collected the Tablet from the complainant and therefore there is no deficiency on the part of OP1 and therefore the complaint of the complainant against OP1 be dismissed. 
4. The OP2 has also filed its reply in which it has mentioned that the OP2 is selling products of various company to the different customers and whatever the order is received by OP2, the same is supplied after properly packing the same and as far as present matter is concerned he has admitted that the product was sold to the complainant having value of Rs.2,999/- towards cost and Rs.899/- towards diamond subscription charges. It is further submitted that on the continuous complaints of the complainant the OP2 has called back the product and even offered for replacement of the product and even the complainant was initially agreed for replacement of the product but when the courier boy of the OP2 reached the complainant’s house the complainant refused to accept the replaced product and as such there is no deficiency on the part of complainant and as such complaint of the complainant be dismissed.
5. Complainant has filed replication thereafter and has filed its own evidence whereas OP1 has  filed  evidence of Sh. Arun Kumar Sinha VP Legal and OP2 has filed evidence of Sh. Ritesh Mehta Managing Partner of OP2.
6. All the parties have filed their written arguments.
7. The Commission has heard the arguments and perused the record.
8. Few facts are admitted that complainant purchased one Tablet for Rs.3,598/- through OP1 as sold by OP2 which was defective. Complainant made a request for change which was initially changed but since the replaced product was also faulty, the complainant requested for refund and even returned the product to the courier boy as sent by OP but later on the amount was not refunded. The sole issue to adjudicate in this matter is that complainant claims that the OP2 sent a courier boy to collect the Tablet with the assurance that, after the Tablet is received back, the amount would be refunded whereas the claim of the OP2 is that the replaced Tablet was sent through Courier boy but complainant refused to receive the replaced product. Admittedly, the product is with the OP2 and OP1 was intermediary and there are certain charges through diamond subscription charges taken by OP1 apart from the cost of the product which have not been explained by both the OPs. The fact that complainant had spent Rs.950/- for the repair of the Tablet is mentioned but complainant has not placed any documentary evidence for that. Since, the product was with the OP2 and since the OP2 had admitted that it has intention to replace the product and even sent the replaced product through courier boy to the complainant who refused to accept it, the defect in the product stands proved. Accordingly, OP1 and OP2 are both liable and both are held to be deficient in service and therefore Commission hereby orders as follows:

• OP1 and OP2 to refund Rs.3,598/- to the Complainant jointly and severally with interest @ 9% p.a. along with compensation of Rs.4,000/- and litigation charges of Rs.4000/-.       

This order be complied within 30 days from the date of receipt of the order and if not complied with by OP1 and OP2 jointly and severally then an interest @ 12% p.a. would be liable to pay on all the above amounts to the complainant by OP1 and OP2 jointly and severally.    

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room. 

Announced on 29.10.2024.