Karnataka

Bangalore 4th Additional

CC/1297/2018

Chandan S, - Complainant(s)

Versus

Quikr India Private Limited, - Opp.Party(s)

30 Aug 2019

ORDER

Complaint Filed on:03.08.2018

Disposed On:30.08.2019

                                                                              

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

 

 

 

 

 

 

 

                DATED THIS THE 30^th AUGUST OF 2019

 

PRESENT

SMT.PRATHIBHA. R.K., BAL, LLM - PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

                          

                      

Complaint No.1297/2018

 

 

 

COMPLAINANT	Chandan S, S/o Sudarshan, B.C.M Boys Hostel, Sir M. Vishweshwaraiah Layout, 6th Block, Vishweshwaraiah Nagar, Bengaluru – 560091.       V/s
OPPOSITE PARTy	QUIKR INDIA PRIVATE LIMITED., Gunta No.106, Sub No.5, 6, 7, 8 & 9, D.No.167, Krishnarajapuram Hobli, Thanisandra, Rachenahalli, Bengaluru-45   Rep. by Manager.

 

ORDER

 

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

 

            This complaint is filed by the Complainant against the Opposite party (herein after called as OP), under section 12 of the Consumer Protection Act, 1986. The Complainant prays to direct the OP to refund Rs.8,156/-, to pay compensation of Rs.3,000/-, interest and costs of the proceedings.

 

2. The brief facts of the complaint is as under:

 

Complainant submitted that, complainant saw an AD on quikr Vivo V9 and made payment of Rs.4,368/- to Quikr India Private Limited through Paytm.  But quikr said seller not responding choose another one.  Then complainant ordered for that mobile with an AD ID:307744632.  New seal pack of VIVO V9 ROM 64 GB and 4 GB RAM 1 year warranty and 15 days replacement time with all accessories.  The seller posted the mobile for Rs.7,599/-.  Complainant already paid Rs.4,368/- and got Rs.100/- cashback from quikr.  Complainant ordered the mobile including of delivery charges.  The total price of the mobile was Rs.8,236/-.  Complainant paid additional amount of Rs.3,788/- to Quikr India Private Limited through Paytm.  The seller mentioned in his post that the mobile was with the specifications of 4gb ram 64 GB internal memory 3260 mah Battery 2.2 Ghz process 6.3 inches display fingerprint sensor etc.  That the complainant received the parcel on 06-07.2018.  Delivery boy gave the parcel and went away.  Complainant opened the parcel and switch on the mobile he was shocked that the mobile was different from what complainant ordered and the specifications were not matching with what seller posted on his AD.  Complainant contacted quikr by phone call and told about the problem and requested for replacement because the seller posted 15 days replacement time but they said complainant has to contact seller for replacement quikr are not responsible and they provide the seller number to complainant.  But the number was out of service.  Again complainant called quikr and asked about replacement because it was an intercity order need to contact seller and do replacement with seller only.  Complainant submits that the order was placed in Achitnagar, Bangalore and made payment to quikr not to seller account so OP need to solve the problem.  They accepted and asked for some time.  Complainant provided some time to them.

 

Complainant further submits that few days later complainant called them.  They said the issue was raised and they highlighted the complainant issue.  Within 48 hours they will update the information to complainant.  Complainant did not receive any calls from them.  Again complainant made a call to them and they said it was a different issue and asked 10 days’ time.  Complainant waited 10 more days and again called.  Neither they have called nor solved the issue.  Hence the complainant filed this complaint.

 

3. After registration of the complaint, notice was issued to OP.  Inspite of service of notice, OP remained absent without sufficient reason and cause.  Hence OP called out as absent and has been placed exparte.

4. In the course of enquiry into the complaint, the Complainant has filed affidavit evidence reproducing what he has stated in his complaint.  The Complainant has produced documents along with complaint.  We have heard the arguments of the Complainant side and we have gone through the oral and documentary evidence of the Complainant scrupulously. 

 

5. Based on the above materials, the following points arise for our consideration;  

 

1. Whether the Complainant has proved that there is deficiency in service on the part of the OP, if so, whether he is entitled for the relief sought for?

 

2. What order?

 

6. Our findings on the above points are as under:

 

Point No.1:  Negative

                 Point No.2:  As per the order below

 

REASONS

 

7. Point No.1: The complainant has firmly stated oath in his affidavit that complainant placed an order VIVO V9 ROM 64 GB and 4 GB RAM mobile handset for Rs.7,599/- with OP.  In this regard complainant has made a payment of Rs.8,156/- including delivery charges through Paytm to OP.  The complainant alleged that the OP has sent a different mobile.  Hence requested the OP for replacement.  Till today OP has not replaced the mobile handset.  To substantiate this contention complainant has produced two Paytm receipts dated 29^th June for Rs.4,368/- and 30^th June for Rs.3,788/-. 

 

8. On perusal of the 2 Paytm receipts there is no complainant name in the receipt and there is no product name in the receipt.  Hence, it is difficult to believe that the complainant has placed an ordered for VIVO V9 ROM 64 GB and 4 GB RAM mobile for Rs.7,599/-.  Further the complainant has not produced any cogent evidence to prove that he has ordered VIVO V9 ROM 64 GB and 4 GB RAM mobile handset for Rs.7,599/- with OP.  Without any documentary evidence only on the basis of mere allegations through affidavit, we cannot come to the conclusion that there is a deficiency in service on the part of OP.  Accordingly, we answered the point No.1 in negative.

 

9. Point No.2: In the result, we proceed to pass the following order.

ORDER

 

The complaint filed by the Complainant is dismissed. No order as to costs.

 

          Supply free copy of this order to both parties. 

 

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this, the 30^th day of August 2019)

           

 

 

(ROOPA.N.R)       MEMBER

(PRATHIBHA.R.K)    PRESIDENT

 

1. Witness examined on behalf of the complainant by way of affidavit:

 

Sri.Chandan. 

 

Copies of Documents produced on behalf of Complainant:

1)	Document No.1 is copy of AD
2)	Document No.2 is profile details.
3)	Document No.3 is payment receipt June 29 for Rs.4,368/-.
4)	Document No.3 is payment receipt June 30 for Rs.3,788/-
5)	Copy of ration card of complainant.

 

 

 

(ROOPA.N.R)       MEMBER

(PRATHIBHA.R.K)    PRESIDENT

 

 

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