Tamil Nadu

South Chennai

CC/164/2019

K V Jamas - Complainant(s)

Versus

Riddex/ Gotmatter Information Systems - Opp.Party(s)

Party in person

19 Sep 2022

ORDER

Date of Complaint Filed : 17.06.2019

Date of Reservation      : 01.09.2022

Date of Order               : 19.09.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

PRESENT:    TMT. B. JIJAA, M.L.,                                            : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                        THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

CONSUMER COMPLAINT No.164/2019

MONDAY, THE 19^th DAY OF SEPTEMBER 2022

Kv James,

29/18,Vasanth Apartment,

Taramani Link Road,

Velachery,

Chennai 600042.                                                            ... Complainant              

..Vs..

Ridaex/Gotmatter Information Systems & Services Pvt Ltd,

Rep. by its Authorized Signatory,

No.12/1A-1, 17^th Cross, 29^th Main 6^th Phase,

JP Nagar Bangalore,

Karnataka - 560078.                                                    ...  Opposite Party

******

Counsel for the Complainant          : Party in Person

Counsel for the Opposite Party       : Exparte

On perusal of records and this Commission delivered the following:

ORDER

Pronounced by Member–I,Thiru.T.R.Sivakumhar,B.A.,B.L.,          

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to pay a compensation of Rs.2,00,000/- causing deficiency in service and creating mental agony.

2.     The averments of Complaint in brief are as follows:-

The Complainant had ordered a 32 inch Ridaex Make, Nuke model TV on 28 Nov 2018 for Rs.21999 with online payment, vide Order ID-GMO-8628005N60364126 to Ridaex, Gotmatter Pvt Ltd.- JP Nagar office, Bangalore on their website(www.gotmatter.com), but till date he has not received the item inspite of many requests made to them on their Customer Care No.080-47091904, 080-30656889 from Dec 2018 to March 2019. Initially they said delay was due to android firmware problem, then customer care /call centre said it is being dispatched shortly, the proof of which I do have of calls records. Neither they have delivered the TV, nor refunded the paid amount. No satisfactory written /email reply has been received on the issue till date. On March15,2019, he requested them to cancel the order by email & refund the full amount, due to unfulfilled order delivery of TV. Each time he has called customer care number, the company has given only excuses. On 16^th May 2019, legal advisor for Ridaex/ Gotmatter co., Mr.Ramesh Reddy informed that a letter for solving the issue is being sent to me, but no letters have been received till date at my Chennai Address. Mail was also been sent to them many times & also few Bangalore friends of mine have visited Ridaex/Gotmatter office for friendly negotiations, but no genuine response on refund received. The amount was paid online on 28 November 2018. But thereafter no action has been taken since last 6 months for item delivery or refund of paid amount. Till date he has not received any positive reply from the online TV company. A registered letter dated 08.May.2019 was sent to their Bangalore office, requesting that within fifteen days reply may be given. But the registered letter with AD came back to my Chennai address without delivering at Ridaex / Gotmatter, Bangalore address. As the refund amount of Rs 21999/- is not paid back, he has hereby submitting the Consumer Court complaint against Ridaex/ Gotmatter Pvt Ltd, 1^st Floor, No-12/1-A, 17^th Cross, 29^th Main, JP Nagar,6^th Phase Bangalore Bangalore 560103 at the Consumer court, Chennai South, with request for due compensation. Due to above happenings, he has  encountered a lot of mental agony, stress and health related issues.Hence the Complaint. 

3.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-8  were marked. 4. The Opposite Party did not appear before this Commission even after sufficient notice served and remained absent and set exparte.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled?

Point No.1:

        From perusal of Ex.A-1, mail dated 28.11.2018 confirming the online payment of Rs.21,999/- made to the Opposite Party, as well as the confirmation of order placed for Ridaex Nuke 32 inch Full HD Andriod Smart TV, from the Opposite Party by their mail dated 28.11.2018. Since the subject TV was not delivered till 15.03.2019 to the Complainant, by mail dated 15.03.2019 the Complainant had cancelled the order and sought for refund of Rs.21,999/-, the said mail was marked as Ex.A-3. In support of the contention of the Complainant that his Bangalore friend visited Opposite Party for friendly negotiations for refund was proved by mail dated 04.04.2019 sent by the Opposite Party to the Complainant, as found in page No.4 of Ex.A-3. By Ex.A-4, mail dated 04.04.2019 sent by the Opposite Party to the Complainant, wherein it was mentioned that “Actions will be made immediately” and a reference ticket ID was given. As no action was taken thereafter in refunding the above said sum ofRs.21,999/-, the Complainant had sent a mail dated 17.04.2019 to the Opposite Party, which was marked as Ex.A-5, but no response from the Opposite Party. Hence the Complainant was constrained to send a mail dated 26.04.2019 to the Opposite Party and forwarded the same to mail ID

        On foregoing discussions and on considering the facts and circumstances of the case, it is clear the Opposite Party had acted lethargically and negligently by not delivering the subject TV within a reasonable time, inspite of receipt of payment nor by refunding the payment received from the Complainant, which clearly amounts to deficiency of service. Therefore, we are of the considered view that the Opposite Party had committed deficiency of service and caused serious mental agony to the Complainant. Accordingly, Point No.1 is answered.

Point No.2:

As discussed and decided Point No.1 against the Opposite Party, the Opposite Party is liable to refund a sum of Rs.21,999/- towards price of 32 inch Ridaex make, Nuke Model TV and also to pay a sum of Rs.10,000/- towards deficiency of service and mental agony along with cost of Rs.3000/-. And the Complainant is not entitled for any other relief/s. Accordingly, Point Nos. 2 and 3 answered.

In the result the Complaint is allowed in part. The opposite party is directed to refund a sum of Rs.21,999/- (Rupees Twenty One Thousand Nine Hundred and Ninety Nine Only) towards price of 32 inch Ridaex make, Nuke Model TV and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) towards deficiency of service and mental agony and along with cost of Rs.3000/- (Rupees Three Thousand Only) to the Complainant, within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% p.a from the date of receipt of this order till the date of payment.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 19^th of September 2022.

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

List of documents filed on the side of the Complainant:-

List of documents filed on the side of the Opposite Party:-

NIL

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                              MEMBER I                       PRESIDENT