Rahul Aggarwal V/S Nitin Sayal - Consumer Court Case

Punjab

Fatehgarh Sahib

CC/44/2016

Nitin Sayal - Complainant(s)

Versus

Rahul Aggarwal - Opp.Party(s)

In person

23 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint No. 44 of 2016

Date of institution : 18.04.2016 Date of decision : 23.08.2016

Nitin Sayal son of Hemant Kumar Sayal, resident of Sayal Street, Sirhind Mandi, Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

1. Rahul Aggarwal CEO, Mebelkart, Head Office: Getit Furniture Pvt. Ltd. 7^th Floor, Tower-D, Airport Road Banglore-560008.

Nikhil Saraf COO, Mebelkart, Getit Furniture Pvt. Ltd. 7^th Floor, Tower-D, Airport Road Banglore-560008.

…..Opposite Parties

Complaint Under Sections 12 to 14 of the Consumer Protection Act.

Quorum

Smt. Veena Chahal, Member Sh. Amar Bhushan Aggarwal, Member

Present : Sh.N.S. Khangura, Adv. counsel for the complainant. Opposite parties ex-parte.

ORDER

By Amar Bhushan Aggarwal, Member

Complainant, Nitin Sayal son of Hemant Kumar Sayal, resident of Sayal Street, Sirhind Mandi, Tehsil and District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as "the OPs") under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2. The complainant ordered two Hii style Office Chairs for the sum of Rs.9720/- (Rs.4860/- for each chair) from OPs, vide reference No. MK64431HSF117. The complainant paid the said amount through his HDFC Debit Card at District Fatehgarh Sahib. The OPs confirmed the order, vide reference No. #OD1001435700 on 17.01.2016, and promised to deliver the said chairs within 4 to 7 working days. The complainant, after waiting for 20 days, approached the OPs through customer care No.180679748 and also send E-mails at

3. Notice of the complaint was issued to the OPs but they chose not to appear to contest this complaint. Hence, they were proceeded against ex-parte.

4. In order to prove his complaint the complainant tendered in evidence self attested documents i.e copy of e-mail dated 17.01.2016 Ex. C-1, copy of bank transaction Ex. C-2, copy of order detail history Ex. C-3, copies of e-mail dated 08.02.2016 Ex. C-4, copy of email dated 12.04.2016 Ex. C-5, his affidavit Ex. C-6 and closed the evidence.

5. The Ld. Counsel for the complainant submitted that the complainant ordered two Hii Style office chairs for a sum of Rs.9720/- and paid the same online from his HDFC account through debit card at Fatehgarh Sahib. The OPs confirmed the order and promised to deliver the chairs within 4-7 working days. After waiting for 20 days, various e-mails on 08.02.2016 and 02.03.2016 were sent regarding non delivery of the chairs. The OPs neither delivered the chairs nor refunded the amount paid till the filing of the complaint on 18.04.2016. Refund of the paid amount was requested in the e-mails written to the OPs.

6 The Ld. Counsel further submitted that the OPs credited the amount of Rs.9,720/- on 28.04.2016 in his account after more than 3 months, only after receiving the notice from this Forum. Thus the OPs have indulged in mal practice and there is clear cut deficiency in service on the part of the OPs and the complainant suffered harassment, mental agony and humiliation at the hands of OPs and pleaded for acceptance of this complaint.

7. OPs were given due notice and summons were duly served as per tracking reports of the postal department. They did not appear at any stage during the pendency of the complaint. Their non-appearance is nothing but an admission from their own side. Ex-parte oral arguments of the complainant were heard on 08.08.2016 and the order was reserved. On the same day in the afternoon, Ld.counsel for the OPs filed an application for setting aside ex-parte proceedings against the OPs. After hearing the Ld. Counsel for the OPs, the application was dismissed since the District Consumer Forum does not have the power to recall, set aside and review its orders as per the Hon’ble Apex Court judgment in a case titled as Lucknow Development Authority Vs. Shyam Kapoor, 2013(2)CCC 209(SC).

8. After hearing the Ld. Counsel for the complainant and going through the pleadings, evidence produced by the complainant and the written as well as oral arguments, we find that there is force in the submissions of the Ld. Counsel for the complainant. The OPs have failed to deliver the chairs inspite of repeated requests and again failed to refund the amount thereafter. The amount paid was refunded only after receiving notice from this Hon’ble Forum.

9. In view of the above discussions we accept the present complaint and find the OPs have committed deficiency in service and played unfair trade practice by not delivering the chairs even after receiving the payment well in advance and thus caused mental agony and harassment to the complainant. Accordingly, the complainant is held entitled to the following damages suffered by him on account of harassment, mental agony and deficiency in service:

i) To pay to the complainant Rs.2,000/- for mental agony, harassment & deficiency in service and Rs.2,000/- as litigation cost.

ii) To pay interest @ 9% p.a on the amount of Rs.9,720/- from 17.01.2016(Date of payment ) to 28.04.2016 (Date of refund).

10. The damages & litigation costs be paid within a period of 45 days from the date of receipt of certified copy of this order. If the orders are not complied within the stipulated period, it will carry 9% p.a. interest on the amount of Rs.4,000/-, till its realization.

11. The arguments on the complaint were heard on 08.08.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced