CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 30^th day of March 2015

CC/97/2014

PRESENT :  SMT. SHINY.P.R ,PRESIDENT

      : SMT.SUMA K.P,  MEMBER                     Date of filing: 25.06.2014

          Albin.P.T.

          A-H,Unit-3

          Staff Quarters,

          Ahalia Foundation Eye Hospital,

           Kozhippara Post,

          Palakkkad Dt.- 678 557                                             : Complainant                                 

                                                                               Vs

1. Netranjali Customer Service,

Reddiff Shopping,

Reddiff.Com India Ltd,

Reg.Off: 1^st Floor,

Mahalaxmi Engg Estate,

L.J.Road No.1,

Mahim (W),

 Mumbai-400016.

                                                                                            : Opposite Parties

2. Universal Marketing Agency,

C/o. Reddiff Shopping,

Raj Industrial Estate,

Gala no.59, A wing,

1^st Floor, Military Road,

Marol, Andheri (East),

Mumbai-400059

Dealer of Sony MDR ZX300

Powerful Bass Head phones.

                                                                  O R D E R

By Smt. SHINY.P.R. President

Brief facts of the complaint

           Complainant has ordered Sony MDR ZX300 Powerful Bass Head Phones of Rs.878/- through e-mail and on 24.02.2014 he had received the product through Aramex Courier Services. But after a few days its right ear piece stopped working due to substandard quality of product. On 11.04.2014 and 26.04.2014 he had complained about the product through email. As per the request of opposite party, complainant had send it back to them through universal marketing agency on 30.04.2014. He had spent Rs.175 for courier charges. For several times complainant requested to sent him back a standard product. But opposite parties did not do so. At last opposite party had send two cheques of Rs.878/- and Rs.175/- each to complainant. Complainant submitted that he has suffered mental agony due to deficiency in service of opposite parties. Hence the complaint. Complainant prays for an order directing the opposite parties to pay Rs.50000/- for deficiency in service and mental agony, Rs.47000/- for financial loss, Rs.2000/- as cost of complaint and to issue a new branded product. (Sony MDR ZX300 Powerful Bass Head Phones) Complainant further submitted that he is ready to return the cheques which were sent by opposite parties.

       Complaint was admitted and issued notice to opposite party.  After receiving the notice, opposite parties did not appear before the forum. Hence set exparte.  Complainant filed chief affidavit and Ext.A1 to A3 marked.

Issues that arise for consideration

1. Whether there is any deficiency of service as alleged in the complaint?
2. If so, what is the relief and cost entitled to the complainant?

Issue 1&2

We have perused the documents on record. Documents produced by the complainant shows that the defective product was returned to opposite parties and even after repeated request they did not deliver the ordered item. Ext.A3 & A4 are the cheques sent by opposite parties to complainant.  Till this date complainant did not encash the cheques. He insists for the ordered item. Opposite parties did not deliver the ordered item. This act of opposite parties amounts to deficiency in service. Since the opposite parties remained exparte, no other evidence contrary to the evidence adduced by complainant.

In the above circumstances, we are of the view that there is deficiency in service from the part of opposite parties. Hence the complaint is allowed partly. Opposite parties are jointly and severally liable to pay Rs.1000/- ( Rupees One Thousand only) as compensation for mental agony suffered along with Rs.1000/- ( Rupees One Thousand Only) as cost of proceedings. Order shall be complied within a period of one month from the date of  receipt of order, failing which complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.

Pronounced in the open court on this the 30^th day of March 2015

                                                                                             Sd/-

Smt. Shiny. P.R

                        President

                           Sd/-

          Smt. Suma. K.P

                          Member

APPENDIX

Exhibits marked on the side of Complainant

Ext.A1  -           Photocopy of Computer generated print outs of e-mail conversation between 

                           Rediff.com and Complainant from April 11^th 2014 to Jan 16^th 2014.         

Ext.A2  -           Photocopy of the invoice for the courier charges.

Ext.A3  -           Photocopy of two cheques Complainant received from Opposite party.

Exhibits marked on the side of Opposite Party

Nil

Cost (Allowed)

Rs.500/- allowed as cost of proceedings.