Chandigarh

DF-I

CC/519/2018

Rakesh Kumar - Complainant(s)

Versus

Reliance Digital TV - Opp.Party(s)

In Person

15 Apr 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

                                     

Consumer Complaint No.	:	CC/519/2018
Date of Institution	:	17/10/2018
Date of Decision	:	15/04/2019

 

Rakesh Kumar S/o Sh. Shubh Ram, R/o H.No.5299/3, Modern Housing Complex, Manimajra, Chandigarh.

…..Complainant

 

V E R S U S

 

Reliance Digital T.V, Reliance Centre Santacruz, Second Floor, South Wing, Near Prabhat Colony, Off Western Express Highway, Santacruz (East), Mumbai – 400055, through its Chief Executive Officer.

…… Opposite Party

 

QUORUM:	MRS.SURJEET KAUR	PRESIDING MEMBER
	DR.S.K. SARDANA	MEMBER

                                               

                                                                       

ARGUED BY	:	Sh. Rakesh Kumar, Complainant in person.
	:	Opposite Party ex-parte.

 

PER SURJEET KAUR, PRESIDING MEMBER

1.         The facts, in brief, are that on 07.06.2018, the Complainant made the pre-booking of the installation of the Digital TV Set-up boxes of the Opposite Party by paying Rs.499/- from his Credit Card (Annexure C-2 & C-3). As per the message, received by the Complainant, on 16.06.2018 (Annexure C-4) from the side of the Opposite Party, the said Digital TV Set-up box was to be installed within 30-45 days.  When even after completion of 45 days, there was no response from the side of Opposite Party, the Complainant contacted the Opposite Party on its Toll Free Number for more than 30 times, but every time, the Opposite Party lingered on the matter on one pretext or the other and had not given any satisfactory reply to the Complainant. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant complaint.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case. However, nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte on 06.02.2019.
3.         Complainant led evidence.      
4.         We have gone through the entire record with utmost care and circumspection.
5.         Significantly, the Opposite Party did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Party draws an adverse inference against it. The non-appearance of the Opposite Party shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
6.         It is evident that the Complainant had booked one Digital TV Set-up box for Rs.499/- each vide Booking ID No.14549786 (Annexure C-3). It is also on record that the installation would be done by the Opposite Party between 30-45 days (Annexure R-4). Thus, the act of the Opposite Party of neither installing the Digital T.V. Set-up Box at the house of the Complainant within the committed period nor returning the amount of the Complainant, shows that the Opposite Party had usurped the hard earned money of the Complainant without providing any services as promised.
7.         In these set of circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine as he has been made to run from pillar to post for no fault on his part. The harassment suffered by the Complainant is also writ large. The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have install the connections within the promised period, which it failed to do and rather propelled this unwarranted, uncalled for litigation upon the Complainant. At any rate, the Opposite Party even did not bother to redress the grievance of the Complainant, despite having approached for the same time & again.  Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against the Opposite Party.
8.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed. The Opposite Party is directed:-

[a]    To refund to the Complainant the amount of Rs.499/- deposited by him;

[b]    To pay to the complainant Rs.2500/- as compensation for mental agony and harassment;

[c]    To pay to the complainant Rs.2500/- as costs of litigation.

9.         The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, it shall be liable for an interest @12% per annum on the amount mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c] above.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-		Sd/-
15/04/2019	[Dr.S.K.Sardana]		[Surjeet Kaur]
	Member		Presiding Member
“Dutt”