BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 440 of 2015
Date of Institution: 15.7.2015
Date of Decision: 29.4.2016
Sanbir Singh S/o S. Gurbachan Singh, H.No. 2671 Street No. 3, Karam Singh Colony Palah Sahib Road, Opp.Central Jail, Airport Road, Amritsar
Complainant
Versus
- Directors/Manager/Principal Officer/Overall Incharge of Ridders Online Services Private Limited (AB Solutions) 96, Block-B, Sector 65, Gautam Budha Nagar, Noida Uttar Pradesh, India 201301
- Manager/Overall Incharge B2X Service Solutions India Pvt.Ltd.,SCO No. 29, National Shopping Complex, Hide Market, Amritsar 143001
- Manager/Principal Officer/Overall Incharge Apple India Private Limited, 19th Floor,Concorde Tower C,UB City, No. 24, Vittal Mallya Road, Bangalore 560001 India
Opposite Parties
Complaint under section 12 of the Consumer Protection Act, 1986
Present: For the Complainant : In person
For the Opposite Parties No.1 to 3: Ex-parte
Coram
Sh.S.S.Panesar, President
Ms.Kulwant Kaur Bajwa, Member
Sh.Anoop Sharma,Member
Order dictated by:
Sh.S.S. Panesar, President.
1. Sanbir Singh, complainant has brought the instant complaint under section 12 of the Consumer Protection Act, 1986 against the opposite parties on the allegations that on March 20,2015, complainant received a call from a website w.w.w.deal15.com on his mobile number9988011889 i.e. special offer of Apple Phone I-phone 5S Gold 16Gb is available on his number for Rs. 11999/- alongwith which complainant shall get free gifts of Rayban Sunglasses, Van Heusen Tie and Tag Heuer Watch. The complainant enquired from them why the company was offering this deal at this price and it answered that they do not give any adds and the money they save they utilize to give offers to the selected customers. The complainant was not sure about the deal so he asked the opposite party to call him back after half an hour as he wanted to check the deal. So the complainant visited the site www.deal15.com and entered the special deals link on the site as was informed and the said deal was available on the site. The complainant again called the number displayed on the site (0120-4273377) to confirm the deal and they confirmed the deal. The complainant again raised the same question of the price and received the same answer of the marketing strategy and they arranged a call back . So complainant received a call nearly at 7.00 p.m and ordered the product and asked for cash on delivery but the Executive informed that on COD facility, complainant shall have to pay Rs. 1100/- more and asked him to make 60% of total payment in advance and offered a gift voucher of Rs. 2500/- with the order if complainant make 60% payment in advance. The complainant agreed and he was asked to open www.deal15.com and entered payment link. After entering the link, complainant got required information of his debit card on the site as was instructed by the executive on the call. The complainant made a payment of Rs. 7000/- from his account through debit card of Punjab National Bank, the Executive put his call on hold and after few minutes confirmed the order of the complainant and gave the complainant order No. 729628 and informed him that he will receive the confirmation through mail within 15 minutes. On March 21,2015 complainant called the site and got confirmation to get the mail and was asked to wait but he did not receive the mail. On 23.3.2015 complainant again called and was informed that COD service was not available on PIN code 143008 and asked to give him another PIN code of main post office of Amritsar. The complainant accordingly gave the pincode of main post office of Amritsar 143001 and they again booked the order of the complainant and gave him new order No. 787 for which the complainant received the official mail on the same day for registration . On the same day complainant also received the confirmation call on his alternative No.8699897000. The complainant was told that his order has been confirmed and the same will be dispatched soon and was informed to make the remaining payment of Rs. 5000/- . At that time complainant received the order. The complainant received his order on 27.3.2015 at 7.00 p.m. at his residence at Amritsar. As the complainant checked the items information written on the box it was Buy Rayban, TH Watch, free gift 5S mobile. But the original deal on the site and the confirmation mail complainant received was to buy iphone 5S gold 16Gb and get free gifts of Rayban Sunglasses, Van Heusen Tie and Tag Heuer Watch. The complainant asked to open the delivery of his order but was refused by the courier. The complainant made payment of Rs. 5000/- and collected the order. When the complainant opened the parcel, he found that the company had given him mobile Google Nexus which the complainant had not ordered and the watch was also not in original packing and seems to be duplicate. There was no information booklet with it, some digits on watch were missing and it was not working properly besides that there were no gift coupon of Rs. 2500/- as promised at the time of order. Even the sunglasses which the complainant received did not have any information booklet. The complainant made protest on the phone of the company i.e.0120-4273377, but to no effect. The complainant also sent mails to the company and raised the issue of duplicate articles and gift coupon but to no effect. Hence, this complaint.
2. Upon notice opposite parties No.1 & 2 duly served but did not opt to appear and contest the complaint , as such opposite parties No.1 & 2 were ordered to be proceeded against ex-parte.
3. Opposite party No.3 appeared and contested the complaint by filing written reply wherein it is stated that complaint suffers from non-joinder and misjoinder of parties. Present case is a case wherein the complainant has been allegedly duped by some online service company namely opposite parties No.1 & 2 by using the products of opposite party No.3 as bait for the complainant. It is submitted that opposite parties No.1 & 2 have no contractual relationship or affiliation with opposite party No.3 and as such they have no authority to bind opposite party No.3 to any of their alleged activities. It is a matter of record that complainant has produced no documentary evidence which shows any iota of involvement of opposite party No. 3 in the alleged transaction that took place solely between itself and opposite parties No.1 & 2. As opposite party No.3 is not privy to the transaction that took place between the complainant and opposite parties No.1 & 2, it would be a travesty of justice if opposite party No.3 is unnecessarily made to incur legal costs in defending a case in which it has been accused of no wrongdoing. It is submitted that opposite party No.3 ought to be expunged from the array of parties at the threshold. It is submitted that complaint deserves dismissal qua opposite party No.3. It is established law that the manufacturer can only be held liable, if there is any defect in the products manufactured by the concerned manufacturer and cannot be held liable for any other act, specially of unaffiliated entities. Remaining facts in the complaint were also specifically denied and a prayer for dismissal of the complaint with cost was made.
4. In his bid to prove the case, complainant Sanbir Singh tendered into evidence his duly sworn affidavit Ex.C-1, copy of confirmation report Ex.C-2, copy of order booking detail Ex.C-3, copy of e-mail consisting of 4 pages Ex.C-4, copy of confirmation report Ex.C-5, copy of idea bill Ex.C-6, copy of finacle user menu Ex.C-7 and copy of service centre location Ex.C-8 and closed his evidence.
5. In order to rebut the aforesaid evidence of the complainant Sh. Mangal Singh Dhalla, counsel for opposite party No.3 tendered into evidence affidavit of Sh.Ashish Bali Ex.OP3/1, copy of resolution Ex.OP3/2, copy of Apple Catalouge and Internet Resellers Ex.OP3/3.
6. In additional evidence complainant tendered copy of e-mail (3 pages ) Ex.C-9 and closed his additional evidence.
7. At the stage of arguments none put in appearance on behalf of opposite party No.3, as such opposite party No.3 was also proceeded against ex-parte.
8. We have heard the ld.counsel for the complainant and have carefully gone through the record on the file.
9. From the appreciation of the evidence on record, it becomes evident that evidence adduced by the complainant Sanbir Singh in the form of oral and documentary proof have gone unrebutted on record as opposite parties No.1 & 2 suffered ex-parte at the threshold while opposite party No.3 did not opt to appear and controvert the case of the complainant at the time of arguments. It becomes evident that complainant booked order on website www.deal15.com on 20.3.2015. It is also proved on record that on purchase of iphone 5S Gold 16Gb, complainant was also promised free gifts of Rayban Sunglasses, Van Heusen Tie and Tag Heuer Watch besides free gift voucher of Rs. 2500/- with the order if he made 60% payment in advance. It is in evidence that complainant made 60% advance to the tune of Rs. 7000/- on the date of booking the order. It is also in evidence that the complainant received his order on 27.3.2015 at 7.00 p.m at his residence. When the complainant checked the items information written on the box, it contained Buy Raybon, TH Watch, Free gift 5S mobile, whereas the complainant had booked order to buy one I phone 5S gold 16 Gb and get free gifts of Rayban Sunglasses, Van Heusen Tie and Tag Heuer Watch. When the complainant requested for opening the delivery, his request was declined. The complainant made the payment of Rs. 5000/- to the courier and collected the order. When complainant opened the parcel, he found that company had given him mobile Google Nexus mobile which the complainant had not ordered and the watch was also not in original packing and seemed to be duplicate. There was no gift coupon worth Rs. 2500/-as promised at the time of order. The sunglasses, the complainant received, did not have any information booklet. The complainant made call on telephone number of the company i.e. 0120-4273377 a number of times but computer told him to hold the line and every time his call got disconnected after 15-20 minutes. The complainant also mailed the site on the mail addresses given on the site www.deal15.com on same day. But nothing tangible was done. The complainant mailed to the company on March 30 and again raised his issue. As a matter of fact opposite parties No.1 & 2 have played mischief with the complainant. It is, however, not proved on record that opposite party No.3 had any role to play in the matter. It was opposite parties No.1 & 2 who are deficient in service. They have received an amount of Rs. 12000/- from the complainant . But, however, the goods supplied do not conform to the order. As such, we hold that opposite parties No.1 & 2 are deficient in service & therefore, they are liable for refund of the amount of Rs. 12000/- received by them in response to order dated 20.3.2015 booked by the complainant after receiving back the goods sent vide parcel against receipt. Besides that complainant is also entitled to receive a sum of Rs. 3000/- as compensation. Opposite parties No.1 & 2 are given one month’s time for complying with the order ; failing which , amount awarded shall carry interest @ 9% p.a from the date of receipt of copy of the order until full and final recovery. The complaint stands allowed accordingly. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated : 29.04.2016
/R/ ( S.S.Panesar ) President
( Kulwant Kaur Bajwa) (Anoop Sharma)
Member Member
