Kerala

Thiruvananthapuram

CC/391/2021

Reghu S - Complainant(s)

Versus

Sales Bazar - Opp.Party(s)

30 Aug 2022

ORDER

   BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

   SRI.P.V.JAYARAJAN               : PRESIDENT

SMT.PREETHA .G.NAIR           : MEMBER

SRI.VIJU.V.R                           : MEMBER

CC.NO.391/2021 (Filed on: 17/12/2021)

ORDER DATED: 30/08/2022

COMPLAINANT

Mr.Reghu.S

RG Bhavan, Garudanvilakom,

Koonthalloor, Chirayinkeezhu.P.O

Pin – 695 304

 

(Party in person)

VS

OPPOSITE PARTY

The Manager,

Sale Bazaar,

301 Rayal Palm Nr.

Soni Complex Malad West Opp.

West End Bldg. Opp.Chincholi,

Bunder Mumbai, Maharashtra - 400064

(Exparte)

ORDER

SMT.PREETHA.G.NAIR  :   MEMBER

1.       The complainant approached before the opposite party dated 12.11.2020 concern via online website to purchased a “Samsung 108 cm (43 inch) Full HD LED Smart TV” in the name of the complainant. The complainant states that getting completed with all the online procedure the complainant received a order confirmation vide order no.242023, wherein its duly mentioned that the order will delivered within one week and in lieu of the payment the complainant selected the online transaction to provide the total amount of Rs.11,999/- for the purchased product.  It is pertinent to mentioned that despite disbursing the payment of Rs.11,999/- the complainant have not received the ordered product as per the opposite party’s assured date moreover the opposite party concern have failed to deliver the product till date and in result mental stress and mental harassment has been inflicted towards the complainant and it is relevant to reveal that, due to the above mentioned fact the complainant have several time tried to contract with the opposite party concern over the telephonic conversation but in response the complainant have not received any constructive or adequate reply from the opposite party’s end.  Even after providing a blind assurance, neither the opposite party concern have initiated the request of refund for the above mentioned ordered product which the opposite party concern have failed to deliver within the stipulated time nor the opposite party concern have paid a heed to this burning issue of the complainant concern have a malafide intention to not to deliver the ordered product within the stipulated period, wherein the opposite party concern have intentionally processed the payment and took the payment from the complainant without providing the proper product to the complainant have paid for purchasing the above mentioned product. The complainant states that he again and again intimated the  opposite party by way of the telephonic conversation and by way of electronic mail conversation in order to solve the said issue. The opposed party has miserably failed in providing right and proper service despite the complainant has paid the full amount to the opposite party and thereby causing deficiency in service.  Hence the complaint.    

2.       After accepting the notice, opposite party was absent and opposite party set exparte. Complainant filed proof affidavit and documents Exts.P1 to P4 marked.

3.       Issues to be considered are :

1. Whether there is any deficiency in service on the part of the opposite party?
2. If so what is the relief and cost.

Issues 1 & II

4.       We perused relevant documents on record. It is evident from Exts.P1 that the complainant paid Rs.11,999/- to the opposite party through online transaction for  the purchased product. But the complainant has not received the ordered product as the opposite party’s assured data. Thereafter the complainant sent legal notice as per Ext.P3 to opposite party. But there was no reply and not delivered the order of smart TV. Ext.P2 is the invoice for an amount of Rs.11,999/-/. The act of opposite party amounts to deficiency in service and unfair trade practice. The opposite party has not produced evidence to disprove the case of complainant. The fact of the case of complainant was unchallenged. The opposite party received the amount and not given the television.

          In view of the above discussions, we find that the act of opposite party amounts to deficiency in service and unfair trade practice.

          In the result, complaint allowed. We direct the opposite party to refund Rs.11,999/- as the price of TV and pay Rs.10,000/- as compensation for mental agony and Rs.2500/- as cost of the proceedings, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realization / remittance. 

      A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

 

               Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30^th day of August 2022.

 

                                                                       Sd/-

            P.V.JAYARAJAN      : PRESIDENT

 

                                                                                  Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                          Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

Be/

APPENDIX

CC.NO.391/2021

List of witness for the complainant

PW1            - Mr.Reghu.S

Exhibits for the complainant

Ext.P1         - Documents from Online legal India Ltd

Ext.P2         - Copy of invoice from sale bazaar (online)

Ext.P3         - Copy of legal notice to sal bazaar from advocate

Ext.P4         - Copy of aadhar card

List of witness for the opposite party – NIL

Exhibits for the opposite party – NIL

 

                                                                                               Sd/-

                                                                                      PRESIDENT