Orissa

Jharsuguda

CC/108/2017

Dharmendra Naik S/O- Santosh Kumar Naik. - Complainant(s)

Versus

RUDRAKSH ENTERPRICES, - Opp.Party(s)

Self

22 Mar 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                        

                                                       CONSUMER  COMPLAINT  CASE NO. 108 OF 2017

 

Dharmendra Naik (39 Years),

S/O: Santosh Kumar Naik,

Occupation- Police Service,

R/O- OMP Near Gas Plant, PO- OMP Line,

PS/Dist- Jharsuguda, Odisha,………….……………………….…..……. Complainant.

     

                                           Versus 

 

1. Rudraksh Enterprises,

401, Opera House, Near Mini Bazar,

Varachha Road, Surat – 395006.

 

2. Shopclues.com – Buy online,

Plot No. 112, Sector-44, Opp. HUDA City Centre &

Near Fortis Hospital, Gurgaon, Haryana – 122003....................Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                  Self.

For the Opp. Party No.1                              None (Ex-Parte)

For the Opp. Party No.2                              None (Ex-Parte).

 

 

Date of Order: 22.03.2018

 

Present

  1. Shri Sundar Lal Behera, President.

  2. Shri Santosh Kumar Ojha, Member.

  3. Smt. Anamika Nanda, Member (W).

                                           

Shri Santosh Kumar Ojha, Member :- The complainant paced an order for one Lenovo 10400 MAh Power Bank to O.P.No.2 on dtd.25.05.2017 though online purchasing system. The complainant received the product on dtd.29.05.2017 by paying Rs.878/- only and found a different product of Samsung 20000 MAh Power Bank. The said product was a defective one. The complainant contacted with the O.Ps several times but no result, hence this case.

 

The notice of the O.P.No.1 returned back with endorsement ‘Addressee Moved’ where the O.P.No.2 kept silent which reveals that the he has nothing to say in this case. 

The matter heard from the complainant and it is found that the after placing of online order the O.Ps sent different product of having different brand and that to a defective one. The complainant has paid Rs.878/- only towards the cost of product. After making contacts with the O.Ps they did not turn up.

 

Sending of a defective product / article through online purchasing system so also of a different brand / article is nothing but commitment of unfair trade practice by the O.Ps. Hence, we are in considered opinion to allow the complaint case with following directions:

ORDER

The O.P.No. 1 and 2 are hereby jointly and severally directed to pay 878/- (Rupees eight hundred seventy eight) only to the complainant towards the price of Power Bank and also pay a sum of Rs. 5,000/- (Rupees five thousand) only to the complainant towards mental agony, harassment including cost of the case within 30 (thirty) days from the date of receipt of this order failing which interest will be charged @ 10% per annum on the above mentioned awarded amounts till its realization. 

Accordingly the present case is disposed of.

Order pronounced in the open court today on this the 22^nd day of March 2018. Free copy of this order shall be communicated to the parties as per Rule.

        

I Agree.                                            I Agree.                                                                       

                                      

A.Nanda, Member (W)                S. L. Behera, President               S.K.Ojha, Member              

                                           Dictated and corrected by me,

 

                                                  S.K.Ojha, Member