Order by:

Sh.Amrinder Singh Sidhu, President

          The  complainant  has filed the instant complaint under section 12 of  the Consumer Protection Act, 1986 (as amended upto date) on the allegations that Opposite Party is engaged in energy, petrochemicals, textiles, natural resources, retail and telecommunications business and is one of the leading companies of India. The Complainant further alleges that on 5^th March, 2018 he pre-booked Reliance Big TV Online at www.reliancedigitaltv.com paying a sum of Rs.500/- through internet banking vide booking id 14505796 and accordingly, after booking the product,  the confirmation mail and a text message was received, copy of the same is placed on record. As per the scheme, the set up box was to be installed at the registered address within 30-45 days from the date of booking; that despite of lapse of time, the Opposite Party did not install the same till date. Thereafter, in this regard, the Complainant approached the Opposite Party on so many occasions. Not only this, the Complainant also sent e-mail at its customer care mail i.e.

1. To refund the amount of Rs.500/- paid against pre-booking of Big TV
2. And also to pay Rs.10,000/- as compensation for causing him mental tension and harassment besides Rs.5,000/- as costs of litigation and
3. Any other relief which this Hon’ble District Commission may deem fit and proper may be awarded to the complainant.   

Hence this complaint.

2.       Upon notice, none has appeared on behalf of Opposite Party despite service, hence Opposite Party was proceeded against exparte vide order dated 17.01.2019 of this District Commission. 

3.       In order to prove his case, complainant tendered into evidence his affidavit Ex.C1 alongwith copies of  booking RBIG TV connection Ex.C2 and Ex.C3, copy of payment confirmation Ex.C4, copy of legal notice Ex.C5, copy of postal receipt Ex.C6, copy of pass bank detail out of which the amount of Rs.499/- has been debited to the account of the Complainant Ex.C7 and closed the evidence.

4.       We have heard the ld.counsel for the  Complainant and have carefully gone through the evidence on record.

5.       From the appraisal of the evidence on record, it becomes evident that on 5^th March, 2018 he pre-booked Reliance Big TV Online at www.reliancedigitaltv.com paying a sum of Rs.500/- through internet banking vide booking id 14505796 and accordingly, after booking the product,  the confirmation mail and a text message was received, copy of the same is placed on record. As per the scheme, the set up box was to be installed at the registered address within 30-45 days from the date of booking; that despite of lapse of time, the Opposite Party did not install the same till date. Thereafter, in this regard, the Complainant approached the Opposite Party on so many occasions. Not only this, the Complainant also sent e-mail at its customer care mail i.e.

6.       Undisputedly, as per e-mail dated 05.03.2021, the Complainant   

pre-booked Reliance Big TV Online at www.reliancedigitaltv.com paying a sum of Rs.500/- through internet banking vide booking id 14505796, copy of e-mail is Ex.C2 on the record  and accordingly, after booking the product,  the confirmation mail and a text message was received, copy of the same is placed on record Ex.C3. As per the scheme, the set up box was to be installed at the registered address within 30-45 days from the date of booking; that despite of lapse of time, the Opposite Party did not install the same till date. Thereafter, in this regard, the Complainant approached the Opposite Party on so many occasions. Not only this, the Complainant also sent e-mail at its customer care mail i.e.

7.       So, from the entire unrebutted and unchallenged  evidence produced by the complainant on record, it stands fully proved on record that  the Opposite Party has failed to provide the services to the Complainant despite receipt of its consideration i.e. Rs.499/- as per bank detail Ex.C7  through which the Complainant has paid the amount of Rs.499/- directly to the account of Opposite Party on 05.03.2018. Further as argued above by the  ld.counsel for the complainant that the Complainant  has been harassed badly all the time without any reasonable cause  and requested to refund the price and  to pay Rs.10,000/- as compensation for causing him mental tension and harassment and Rs.5,000/- as litigation expenses. But however, the claim for compensation to the tune of Rs.15,000/-  is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would  be fully met if the complainant is awarded lump-sum compensation to the tune of Rs.3,000/- and we award the same accordingly.

8.       In views of the aforesaid facts and circumstances of the case, we allow the complaint of the complainant against the Opposite Party and the Opposite Party is directed to refund the amount of Rs.499/- alongwith interest @ 8% per annum from the date of its deposit i.e. 05.03.2018 till its actual realization.  The Opposite Party is also  directed to pay Rs.3,000/-  as lumpsum compensation to the complainant. Compliance of this order be made by the Opposite Party within 45 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to  get the order enforced through the indulgence of this Commission.   Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

9.       Reason for delay in deciding the complaint.

This complaint could not be decided within the prescribed period because the government has not appointed any of the two Whole Time Members in this Commission since 15.09.2018. Moreover, the President of this Commission is doing additional duties at District Consumer Commission, Faridkot. There is only one working day in a week when the quorum of this Commission remains complete. 

Announced in Open Commission.

Dated: 13.08.2021.