Delhi

North

CC/112/2019

RAJ KUMAR GOYAL - Complainant(s)

Versus

PAYTM MALL - Opp.Party(s)

09 May 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No. 112/2019

In the matter of

Sh. Raj Kumar,

2269, Gali Raghunandan,

Naya Bazar, Delhi-06                                                    …       Complainant

Versus

Paytm Mall

Corporate Headquarters:-

One97 Communication Ltd.

B121, Sector 5, Noida-201301                                       …      Opposite Party-1

 

Kitab Ghar

107R, Near Dev Samaj School

New Colony, Gurgaon-122001                                      …       Opposite Party-2

 

                             `                                                       

ORDER
09/05/2023

Ashwani Kumar Mehta, Member :-

1. The present complaint has been filed by Sh. Raj Kumar, the complainant against  Paytm Mall, as OP1 and Kitab Ghar, as OP 2. Facts and brief of the case are that the complainant had purchased one HP Printer model M1005, which was delivered on 24/05/2019 in the office of the complainant. When he opened the box,  he found an old TV instead of Printer for which immediately a complaint was registered with customer care of OP-1. Despite sharing the photographs and video, the grievance of the complainant was not resolved. On 21/06/2019, a complaint no. 128266566 was issued by one of the supervisor, namely Gunjan and on 24/06/2019, a new complaint no. 128674982 was issued by another supervisor, namely Chetan. The complainant has alleged that every time, a new complaint no. is shared by the customer care of OP-1. The grievance of the complainant has not been addressed despite assurance. Hence, the present complaint for compensation of Rs. 5,00,000/- with the allegation of harassment. The complainant has annexed the invoice dated 20/05/2019, photographs of the product in its packaging and CD with the complaint.

 

2. Notice of the present complaint was issued to OP-1 and OP-2 but none appeared nor any reply was filed on their behalf despite service, hence, they were proceeded ex-parte vide order dated 25/10/2019.

 

3. Evidence by way of Affidavit was filed by the complainant where the contents of the complaint have been reiterated. He has got exhibited the copy of the invoice as Ex. CW-1/1. It has been stated that the total amount paid for the HP Printer M-1005 was Rs. 17,699/- which was delivered at his residence and sold by Kitab Ghar. The copy of the invoice no. 06C0017094302677 dated 20/05/2019 is Ex. CW-1/2. It has been further deposed that the complainant was shocked to find a condemned TV instead of the printer and immediately prepared the video and forwarded the same along with photographs to the OP1. The photographs and video of the said package have also been exhibited as Ex. CW-1/3 (Colly).

 

4. We have heard the submissions made by the Ld. Counsel for the complainant and have perused the material placed on record. The complainant has alleged that a condemned TV was delivered instead of the HP Printer M-1005 for which the complainant had paid Rs. 17,699/-. In support of his allegations, the complainant has placed on record the CD. We have gone through the videos uploaded in the CD. The videos depict that the package had already been opened and even as per para 4 of the Evidence by way of Affidavit which is being reproduced here under :-

 

4. that the deponent was shocked and stunned when on getting delivery of the consignment from the opposite party on 24.05.2019, the same was found a condemned T.V. instead of aforesaid Printer. The deponent had immediately prepared the video of same and had sent the photograph and video of said old/ second hand without working T.V. to the opposite party on 24.05.2019 itself. Copies of the said photograph and Video of Second hand T.V. are Ex CW-1/3(Colly).

 

5. Thus, it is proved that the complainant did not get the HP Printer M-1005 for which he had placed order. Being a prudent consumer, the complainant immediately informed the customer care of OP-1. The complainant has successfully proved his case by placing on record the video and the photograph, depicting that an old TV was delivered in the box of HP Printer M-1005. As OP-1 and OP-2 are ex-parte, the allegations made against them have remained un-rebutted and the allegations made in the complaint cannot be doubted. Hence, we hold that the complainant has suffered directly due to deficient service of the OP-1 and OP-2  jointly and severely, (for their failure to deliver the correct product ordered by the complainant) in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.

 

6. Therefore, we feel appropriate to direct the OP-1 to pay Rs. 17,699/- (Rupees Seventeen Thousand six Hundred Ninety Nine only) within thirty (30) days from the date of this order, with interest at the rate of 9% p.a. from 28-06-2019 (date of filing of complaint) till the date of the payment. Besides, the OP-1 is also directed to pay Rs.5,000/-(Rupees Five Thousand only) as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period. The OP-1 shall be at liberty to recover this amount from OP-2 on pro-rata basis.

 

7. Office is directed to supply the copy of this order as per rules. Order be uploaded on website. Thereafter file be consigned to record room.

 

 

 

 

   ASHWANI KUMAR MEHTA                                         DIVYA JYOTI JAIPURIAR         

                                                        Member                                                                            President               

                                               DCDRC-1 (North)                                                              DCDRC-1 (North)