Date of Filing: 17/01/2019

Date of Order: 26/06/2019

THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHANTHINAGAR BANGALORE -  27.

Dated: 26^TH DAY OF JUNE 2019

PRESENT

SRI.H.R. SRINIVAS, B.Sc., LL.B.Rtd. Prl. District & Sessions Judge And PRESIDENT

SRI D.SURESH, B.Com., LL.B., MEMBER

COMPLAINT NO.74/2019

V/s

ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

1.     This is the Complaint filed by the Complainant under Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not repairing /replacing the router purchased from OP and for refund of its cost of Rs.1999/- and Rs.50,000/- towards compensation and to  pass such other reliefs as this forum deems fit.

2.     The brief facts of the complaint are that: the complainant purchased router JMR 540 Black, (EAN No. 4712928861057 8517 product Serial No. 911560901681024) by paying Rs.1999/- through debit card. As per the instructions given in the manual, the same was operated and it worked for about 30 minutes only and got switched off. The same was taken to the service centre who repaired and gave it back. Again the said device got the same problem and he had to visit the service center several times. In spite of it, the said device was not working and sought for replacement. It was assured that the device would be repaired and kept ready where as OP did not call him to receive the same. In spite of several visits, OP did not return the said device duly repaired nor replaced the same.  OP offered the old device with a changed motherboard. When demanded for replacement, the same was denied by OP even though as per the condition of the tax invoice when the product is not working within 7 days of purchase, the same will be taken back and the new one will be given.  The said device was purchased with a validity of 8 months of internet. When the matter was brought to the notice of OP that the said router was not working and sought the extension of the internet period, the same was not provided.  He complained to National Consumer Helpline. Though the OP assured that the matter would be resolved, the same was not done. Hence has to file to this complaint as intimated by the National Consumer Helpline. Hence this complaint.

3.     Upon service of notice, OP did not appear before the forum and filed its version. Hence placed ex-parte. Sri Sunil Kumar Gupta has been authorized by the complainant to conduct the case and he got examined as PW-1 and five documents marked on his behalf. Heard the arguments of the complainant. The following points arise for our consideration:-

1) Whether the Complainant has proved

    deficiency in service on the part of the

    Opposite Party?

2)  Whether the Complainant is entitled to the

     relief prayed for in the complaint?

4.     WE ANSWER:-

POINT NO.1:            In the affirmative

POINT NO.2:            Partly in the affirmative

                                For the following.

REASONS

POINT No.1:-

5.     On perusing the complaint, evidence and the documents filed by complainant, it is clear that Ex.P1 is the Authorization letter given in favour of one Susheel Kumar Gupta. Ex. P2 is the copy of his I.D card. Ex.P3 is the receipt issued by Reliance Retail Ltd., HSR layout wherein the said store has sold one JMR 540 Black Router to the complainant by receiving Rs. 1999/- on 06.06.2018. Ex.P4 is the letter sent by complainant to the OP informing that she has filed this complaint before the forum. Ex.P5 are the various email correspondence between the complainant and the OP which clearly shows that the Router sold in favour of the complainant has some problems and same has not been replaced and repaired  and given back to the complainant for her use.

6.     As per Ex P1 the sale invoice cum receipt, Reliance Digital Retail return policy for the products other t han mobiles, cameras, tablets and laptops to the product is not working within 7 days of purchase we will take back the product and give a new product. The product has to be return in original packing condition along with accessories. Original invoice copy or delivery challen are required to be submitted along with request for replacement.

7.     When this is taken into consideration and read with the averment made in the complaint, immediately after purchase of the Router on the same day said Router got switched off after it was put to use for about 30 minutes and the same was brought to the notice of Op as per the email correspondences. When this is taken into consideration and considered along with the replacement condition, OP ought to have replaced the same with a new one. In spite of complainant waiting for many months, OP did not replace the same and the same has not been controverted/questioned by OP in spite of receiving the notice from this Forum as well as from the Hon’ble National Consumer Helpline. Hence there is clear violation of the terms and conditions and hence we are of the opinion that it is nothing but unfair trade practice and also deficiency in service hence we answer Point No.1 in the Affirmative.

POINT NO.2:

8.     The complainant has sought for refund of Rs.1,999/- which is the cost of the said Router. In view of our finding to Point No.1, OP is bound to refund the same.  The complainant has sought Rs.50,000/- as compensation from OP which has not been corroborated. Even then he has undergone mental stress and agony, in view of the said Router set not working properly and OP not repairing it properly and not replacing the same with a new one. Hence we are of the opinion that if a sum of Rs.2,000/- towards damages and Rs.2,000/- towards cost of litigation  if awarded and ordered OP to pay the same would meet the ends of justice and we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:-  

ORDER

1. The Complaint is allowed in part with cost.
2. OP i.e., Reliance Retail Limited, Represented by its Sales Person/Authorized Signatory is hereby directed to refund a sum of Rs.1,999/- to the Complainant. 
3. Further OP is hereby directed to pay a sum of Rs.2,000/- towards damages and Rs.2,000/- towards cost of the litigations expenses.
4. The O.P is hereby directed to comply the above order at within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order failing which the same will be destroyed as per the C.P. Act and Rules thereon.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 26^thJUNE 2019)

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1:      Copy of the authorization letter.

Ex P2:      Copy of the ID proof.

Ex P3:      Copy of the Receipts.

Ex P4:      Copy of the Notice.

Ex P5:      Copy of the letter and E-mail correspondence.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

-Nil-

Copies of Documents produced on behalf of Opposite Party/s

- Nil –

MEMBER                        PRESIDENT