Delhi

East Delhi

CC/712/2015

SANTOSH - Complainant(s)

Versus

NEXT RETAIL INDIA - Opp.Party(s)

29 Jan 2016

ORDER

           DISTRICT CONSUMER DISPUTE REDRESSAL FORUM EAST Govt of NCT Delhi

          CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                       

Consumer complaint no  712/2015

In matter of

Mrs Santosh Saxena, 82yr,   

w/o Late Shri Saran Saxena

Flat no.-493, Plot –B8, Vasundhara Enclave,

Delhi 96                                                                                                Complainant

                                                                    Vs

1  M/s Next Retail India Ltd.

Branch Office  2^nd Floor  93 Ambedkar Road,

Kalkagrahi Chauk Ghaziabad, UP 201 001

2  M/s Next Retail India Ltd

SCO 6  Huda Market  Nr Om Sweets

Sec 31  Gurgaon Haryana 122002

3 Techno Kart India Ltd  

Min 2 5     18/1min 1  0

Revenue Estate of Vill    Samalkha

New Delhi- 110037                                                                           Respondents                                                                                                         

                                                                                                       Date of Institution  16/09/2015

                                                                                                       Date of Order           02/02/2016                                                                                                          

Order by Dr P N Tiwari, Member 

 

Brief Facts of the case                                                                                                

Mrs Santosh Saxena, aged about 82 yr has purchased a CE UNIC projector White LG vide item code no. 31000002243 from opponent no 1 through online order and the projector was delivered through OP 3. The said projector was delivered as cash on delivery for sum of Rs 5999/ on 18/07/2015.                                                                                                                      Page 01                                                                                                                                      

                                               Consumer complaint no.   712/2015

 

The said projector was to be gifted to her grandson for his higher studies. The said projector did not functioned well from the date of its installing as it was found to be defective product. The complainant through her daughter called customer care department of OP but did not get any satisfactory response. She continued lodging her complaints through emails and also on phones. The OP did not rectify the defect nor have replaced it or refunded her amount. She was harassed mentally and caused loss of finance due to the defective services of respondents. 

 

When no promise was fulfilled, complainant filed this complaint claiming refund of projector amount Rs 5,999/- paid along with 10% interest and Rs 20,000/- as harassment and Rs 2500/- as litigation cost.

After perusal of complaint and evidences filed by the complainant, notices were served upon OPs. No one appeared on behalf of OPs nor filed their written version. Hence all the OPs were proceeded Ex Parte. Complainant filed her evidences on affidavit which are uncontroverted is on record.

The fact of product of being defective has been stated on oath. The various Emails sent to respondents have also not being denied. The fact of none providing services have also not being denied. We have no other option but to conclude that product was defective and it needed replacement which was also not replaced. This amount to deficiency of service. 

We allow this complaint. Respondents are directed to refund to the complainant cost of said projector of Rs 5,999/- with 9% interest within 30 days from the date of filing of this complaint till realization. We also award compensation of Rs 10,000/- to be paid by respondents to complainant on account of mental pain, agony and harassment meted out which shall include the cost of litigation.                               

                                                                                                                                                              Page 02

                                            

                                           Consumer complaint no   712/2015

If cost and compensation amount is not paid in stipulated time by the OPs, respondent shall pay 9% interest till it is paid.  

The order copy be sent to the parties as per act and file be consigned to the record room

 

(Dr) P N Tiwari   Member                                                                    Md Poonam Malhotra    Member                   

                                       

                                                   Mr N A Zaidi   President

 

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