FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
The case of the complainant in a nutshell is that, the complainant purchased 3 “EVM SSD 128 GB” amounting to Rs.4538.28 including an amount of Rs.692.28 as GST from the OP on 21/01/2022 which was not came in use. Therefore the complainant returned the said product in unused condition to the Op on 17/02/2022 and the assured that either the complainant can take back his cash or he can adjust the total refund amount with next purchase. Thereafter the complainant went to purchase a DELL MONITOR 24” S2421 HN IPS from the OP on 22/03/2022. The OP has adjusted only Rs.3850/- deducting a sum of Rs.688.28 in the name of GST and upon enquiry the OP replied that GST cannot be refunded as per their GST policy. The complainant requested the OP to refund the entire amount as there was no rule to deduct the amount of GST if any product is being returned by the customer within return period but the OP denied to return anything after new billing. The complainant sent a Legal Notice to the OP on 10/05/2022 but the OP did not communicate with the complainant. Finding no other option the complainant compelled to knock the door of this Commission.
OP despite service of notice of the complaint have failed to file Written Version within the limitation provided u/s 38(2) of the Consumer Protection Act, 2019. No request for condonation of delay or extension of time for filing written version is made. Therefore, right of the OPs to file WV is closed.
Complainant has filed his evidence by way of affidavit supporting the allegations made in the complaint. Ld. Advocate for the complainant has taken us through the consumer complaint as also the evidence adduced of the complainant.
Evidently, the complainant had purchased the said product by paying an amount of Rs.4,538/- to the OP on 21/01/2022. There is also no doubt that OPs issued an invoice to the complainant. On perusal of the documents on record furnished by the complainant it is observed that on 22/03/2022 the complainant purchased a DELL MONITOR 24” S2421 HN IPS amounting to Rs.13,800/- from the OP by paying an amount of Rs.7,500/- in cash,Rs.2,450/- through card and an amount of Rs.3,850/- is adjusted in respect of the said returned product. Ld. Advocate for the complainant alleged that the OP has deductedRs.688.28/- as the GST charge from the price of the said returned product. On perusal of the record it is found that the price of the said EVM SSD 128 GB was Rs.4,538/- and the OP has adjusted Rs.3,850/- with the next purchase which means an amount of Rs.688.28/-is kept by the OP without mentioning any reason in the invoice or any other form.
It is true that that no WV has been filed by the OPs though several opportunities were given to them for filing WV but they have failed to file the same as such the allegation stated in the complaint petition remains unchallenged. Regarding this matter, we can safely state that on failure to file WV by the OPs tantamount to admission of the allegations stated in the complaint petition. Ld. Advocate for the complainant submitted that being dissatisfied by the OPs the complainant requested them to refund the entire amount of the said returned product by sending legal notice. But the OPs did not respond to that matter.
In view of the above facts it is observed by us that, it is very unfortunate that OPs have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the utter negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get relief/ reliefs.
Based on the above discussion we disposed of the consumer case against the OP on ex parte in the following terms:
1. OPs are directed to refund an amount of Rs.688.28/- to the complainant.
2. OPs are further directed to make payment of RS.10,000/- as compensation for harassment and mental agony caused to the complainant due to deficiency in service.
3. OPs are also directed to pay Rs.5,000/-as cost of litigation to the complainant.
4. Above payments shall be made within 04 weeks from the date of this order failing which the amount shall carry interest @ 9% p.a. from the date of the order till its realization.
The instant Consumer Complaint is thus allowed on ex parte against the OPs.
Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.
