Delhi

North East

CC/115/2017

DEEP SINGH VERMA - Complainant(s)

Versus

Reliance Retail Ltd. - Opp.Party(s)

03 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.  115/17

In the matter of:

 

		Deep Singh Verma S/o Shri Jay Singh R/o House No. 1/10955, Street No. 7 Subash Park, Shahdara, Delhi-110032.		Complainant
		Versus
		Reliance Retail Limited 1st Floor, Fun City Mall. Plot No. 29&31, CBD Shahdara Delhi -110092.		Opposite Party
			DATE OF INSTITUTION:		05.04.2017
			JUDGEMENT RESERVED ON :		26.09.2017
			DATE OF DECISION      :		03.10.2017

 

 

N.K.Sharma, President:-

Ms.Harpreet Kaur Charya, Member:-

 

Order by Ms. Harpreet Kaur Charya

 

ORDER

1. Present complaint has been filed by Shri Deep Singh Verma against Reliance Retail Limited – the OP, alleging deficiency in services.

Briefly stated the fact of the present complaint are that, on 2^nd March 2017, the complainant purchased one Air-conditioner (Inverter AC) bearing model No. DAISAC.5T INVATKP50 for a sum a Rs. 25,130/- from OP. It has been stated that the actual price of the said AC was      Rs. 51,200/- and OP had offered 60% discount on the retail price. Invoice was issued by OP and the mode of was credit card. The complainant has stated that even after a lapse of 45 days the AC has not been delivered. It has further been stated that the said AC was purchased by the complainant to be given as a wedding gift to his cousin. Despite several visits and telephonic conversations the product was not delivered and it was vide e-mail dated 9^th March 2017 the complainant was informed that the product was out of stock and refund would be initiated within 24 to 48 hours. The complainant has further stated that due to act/omission on the part of OP, he had under-go financial and mental harassment. The complainant has prayed for directions to OP to deliver the AC and Rs. 50,000/- as compensation for mental harassment inclusive litigation expenses.

Bill dated 2.3.2017, screen shoot of SMS, e-mail dated 3.8.2017, 3.1.2017, 9.3.2017 and 22.3.2017 respectively, copy of election card have been annexed with the complaint.

2. Notice of present complaint was served on OP, however neither any reply nor anyone appeared on their behalf. Hence they were proceeded Ex-parte.
3. Ex-parte evidence filed by the complainant where he has deposed the contents of the complaint and has relied on the invoice dated                   2-3-2017 and E-mails to OP.
4. We have heard the Ld. Counsel for the complainant and have perused the material placed on record. The complainant has placed on record invoice dated 2-3-2017 issued by OP wherein the complainant has paid Rs. 25,130/- and the delivery date was 3^rd March 2017. The complainant has also filed screen-shoot of the SMS dated 2-3-2015,    5-3-2015, 15-3-2015, 18-3-2015 and 21-3-2015. Further an E-mail dated 22-3-2017 wherein the complainant has been asked to visit the store to collect refund as the product was not available, and the same has been reiterated in E-mail dated 9-3-2017. As OP has failed to appear and did not file their defence, the allegations made against them have remained uncontroverted. The complainant has been successful in proving the deficiency in service on the part of OP therefore, we allow the present complaint.
5. We direct OP to refund Rs. 25,130/-, amount paid by the complainant as cost of Air Conditioner alongwith 9% interest from 2-3-2017 till realization within 30 days from the date of order.

We further award Rs. 7,500/- as compensation for mental harassment and agony inclusive litigation expenses as the OP has failed to deliver the Air Conditioner despite payment.  

6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7. File be consigned to record room.

(Announced on  03.10.2017)        

 

(N.K. Sharma) President

(Harpreet Kaur Charya) Member