Delhi

East Delhi

CC/782/2014

NITIN - Complainant(s)

Versus

OUT LOOK - Opp.Party(s)

27 May 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 782/14

Shri Nitin Aggarwal

H/O 80, Top Floor,

Vigyan Vihar, Near Yamuna Sports Complex,

New Delhi-110092

 

                                                                                                                        ….Complainant

 

Vs

 

Proprietor

M/s Out Look Communication

U-180, Main Vikas Marg, Shakarpur,

New Delhi-110092

                                                                                                                        ….Opponent

 

Date of Institution: 24.08.2015

Judgment Reserved for: 27.05.2016

Judgment Passed on: 08.06.2016

 

Order By: Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

 

Complainant Shri. Nitin has filed the complaint against the respondent M/S Out Look Communication for refund of consideration paid for two Reliance Zero Plan Voucher i.e. Rs.33,000/-.

            Brief facts of the complaint are that the complainant purchased one HTC one Dual SIM smart phone (Android Jelly Bean, 1.7 GHz Qualcomm Snapdragon 600, Quad Core) along with the Reliace Zero Plan voucher for GSM network. It is stated, that one salesman of the respondent, Mohd. Salman assured that two Reliance Zero Plan voucher could be applied in the same handset, therefore, the complainant purchased two vouchers for Rs.16,500/- each. He was also promised that these vouchers will be taken back and entire amount will be refunded if Reliance Communication store denied redeeming these vouchers.

            It is further stated that at ADG Reliance Communication Store, the complainant was informed that only one voucher could be applied to a select HTC handset. Complainant also states that the shop keeper misled the complainant and his friend, by selling two vouchers with one new handset. Two legal notices were sent to the respondent but no response was received.

            The respondent was duly served with the notice of the complainant but did not put appearance, thus the respondent was proceeded ex-parte on 15/09/2015.

            The complainant in support of his case has filed ex-parte evidence by way of affidavit. He is relying on documents marked as Annexure-I, sale receipt of the mobile phone, dated 19/05/2014 in the name of Shri Rahul, Annexure-II, retail invoice in the name of Shri. Rahul Gaur, Annexure-III, retail invoice in the name of the complainant, Annexure-IV, details of scheme available on reliance website and the copy of the legal notice are marked as Annexure V & VI. The complainant has prayed for the refund of full consideration of two Reliance Zero Plan Vouchers i.e. Rs.33,000/- along with Rs.25,000/- towards compensation and Rs. 25,000/- as legal expenses.

            We have heard the complainant in person and perused the material placed on record.

            The complaint has been filed by only one person i.e. Shri Nitin Aggarwal, who has proved that he has purchased one voucher from the respondent, as evident from Annexure-III. Further perusal of other annexure shows that the respondent has used unfair trade practice by selling two vouchers with one handset. As far as refund of consideration of Rs.16,500/- paid for another voucher i.e. Annexure II is concerned, it has name of Rahul Gaur, who is not the complainant in the instant complaint. Thus the complainant has no locus to demand the refund of second voucher.

In view of the above, the complaint is allowed for the refund to extent of consideration of one voucher and therefore, the respondent is directed to refund Rs.16,500/- as a value of one Reliance Zero Plan voucher along with simple interest @ 9% p.a. from the date of filing of complaint till its realization.

Further, we award Rs.3,000/- compensation for harassment and mental agony and pain along with litigation expenses of Rs.5,000/- to the complainant.

In case the said amount is not paid by the O.P. within a period of one month of receipt of this order, the same shall be recoverable by the complainant along with simple interest @ 9% from the date of this order till the recovery of the said amount.

Copy of this order be sent to both the parties as per law.

File be consigned to Record Room.

 

 

 

(SUKHDEV SINGH)                                                       (HARPREET KAUR CHARYA)              

        PRESIDENT                                                                            MEMBER