Complainant Chanderhaas has filed this instant complaint U/s 35 of Consumer Protection Act against the opposite party and prayed that direction may kindly be issued to opposite party to return the amount of device i.e. Rs.20,650/- alongwith installation charges of Rs.1200/-. Complainant has further claimed Rs.50,000/- as compensation for mental agony, pain and harassment to her.        

2.       The case of the complainant in brief is that he purchased Internet Router Device from opposite party under PM Wani Program Sabka Wifi through online service. It was pleaded that opposite party assured that the said device will work upto 500 meters but after the installation of the same complainant came to know that the device was working only upto 40-50 meters and after that complainant requested the opposite party for removal of the defect in the above said device and to return the amount of Rs.20,650/- alongwith installation charges of Rs.1200/- but opposite party did not pay any attention to the genuine request of the complainant nor removed the defect in the product in question. It was further pleaded that opposite party also assured the complainant that they will pay commission at the rate of 80% to him on every recharge of Rs.100/- but complainant was astonished when an agreement was received by him from the opposite party and it revealed that only 50% commission was to be given on every recharge of Rs.100/- which amounts to deficiency and unfair trade practice on the part of the opposite party, hence this complaint.

3.       Opposite party did not appear after the service of the notice and was ordered to be proceeded against exparte vide order dated 12.08.2022.       

4.       In order to prove the case, complainant has filed his duly sworn affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C7.

5.       Written arguments filed by the complainant.

6.       We have carefully examined all the documents/evidence produced on record for its contained statutory merit and have also judiciously considered and perused the arguments duly put forth by the complainant.  

7.       As detailed above, the complainant had purchased Internet Router Device from opposite party under PM Wani Program Sabka Wifi through online service by paying Rs.20,650/- to opposite party as per tax invoice at Ex.C1. It was pleaded that opposite party assured that the said device will work upto 500 meters but after the installation of the same complainant came to know that the device was working only upto 40-50 meters and after that complainant requested the opposite party for removal of the defect in the above said device and to return the amount of Rs.20,650/- alongwith installation charges of Rs.1200/- but opposite party did not pay any attention .The opposite party also assured the complainant that they will pay commission at the rate of 80% to him on every recharge of Rs.100/- but only 50% commission was to be given on every recharge of Rs.100/- which amounts to deficiency and unfair trade practice on the part of the opposite party. To support his pleading complainant has produced on file his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C7.

8.       The opposite party did not bother to appear in this commission and prefer to proceed exparte vide order dated 12.08.2022 and did not care to contest the claim of the complainant and rebut the evidence led by him as aforesaid as such it can be concluded without any hesitation that either opposite party admit the claim of the complainant or has nothing to say in the matter. In this way, the evidence led by the complaint goes unrebutted and unassailed.

9.       In addition to his own affidavit, the complainant has placed on record as Ex.C- 6 the affidavit of Sh.Ranjit Singh, proprietor of M/s Deol Computer in proof of the weak performance of the product purchased.

10.     From the above details of the case we are of the considered opinion that the said product received by the complainant was not performing as per specifications as assured by opposite party. Hence, the refund of the amount paid by the complainant is justified. 

11.     In view of the above said discussion, facts and circumstances of the case, the present complaint is party allowed and opposite party is directed to refund the amount of Rs.20,650/- to the complainant within a period of 45 days from the receipt of copy of this order failing which it will attract 6% interest from the date of filing of the case i.e. 01.07.2022 till realization of the same. Besides this, opposite party is directed to pay Rs.5,000/- in lump sum as cost of litigation and compensation for harassment to the complainant. However, the opposite party is at liberty to take back the earlier product supplied to the complainant.

12.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.

13.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                      

                               (Kiranjit Kaur Arora)

                                                                         President   

Announced:                                          (B.S.Matharu)

March 10, 2023                                             Member

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