The Complainant has filed this case u/s 35 of the Consumer Protection Act, 2019 against the O.P. and praying for the following order/relief, namely:-
- Direction against the O.P. to pay a sum of Rs, 27,697/- (Rupees Twenty Seven Thousand Six Hundred Ninety Seven) Only to the Complainant.
- Direction against the O.P. to pay a sum of Rs. 50,000/- to the Complainant as compensation for deficiency in service, mental harassment and agony.
- Direction against the O.P. to pay a sum of Rs. 5,000/- as cost of Legal Proceedings.
Brief Facts of the Complaint.
- The Complainant is a law abiding citizen of India, the Complainant on 18.01.2022 purchased a watch from the O.P. vide Order No. 11369115570 and paid a sum of Rs. , 27,697/- (Rupees Twenty Seven Thousand Six Hundred Ninety Seven) Only on EMI basis to the O.P. but the product was not delivered to the Complainant.
- That the Complainant mailed on 25.08.2022 the O.P. regarding the non delivery of the watch and also requested for refunding the said same of money.
- That the O.P. did not refund the said same of money to the Complainant but the EMI is getting debited from the account of the Complainant which is none but unfair trade practice on the part of the O.P.
- That due to the O.P’s. maladie act and conduct the Complainant lost his money which is hindering the Complainant in an erroneous way as the Complainant has been facing the tremendous agony and due to the same the Complainant has not got able to live the life in own accord.
- That the O.P. has miserably failed in providing proper service despite the Complainant has paid full amount to the O.P. and thereby causing deficiency in service.
- That the cause of action of this case arose on 02.11.2022 due to non-performance of the O.P. to discharge obligations despite receiving Notice of the Ld. Advocate.
In support of the Complaint the Complainant has filed Photocopy of Aadhar Card, Photocopy of Invoice and Payment and Photocopy of Legal Notice and Tracking report.
Notice was issued from this Commission which was duly served upon the O.P. Despite receiving the notice issue from this Commission the O.P. did not turned up before this Commission to contest this case. According the case is proceeding ex-parte against the O.P.
Having heard, the Ld. Advocate of the Complainant and on perusal of the Complaint, evidence-on-affidavit of the Complainant as well as documents filed on his behalf the following points are taken up for discussion.
Points for consideration
- Whether the complainant is a consumer?
- Whether the case is maintainable under the C.P. Act 2019?
- Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
- Is the Complainant entitled to get any award and relief as prayed for as per the prayer of his Complaint?
Decision with reasons:-
All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.
At the time of argument the Complainant himself has stated that he has been able to prove his case against the O.P. and he is entitled to get relief as prayed for.
He further submits that in order to prove the case he filed the Written Deposition as well as Written Notes of Argument and also files money receipt, Invoice as well as Legal Notice before this Commission wherefrom it is proved that he has been able to prove this case against the O.P.
The Complainant himself has also argued that despite receiving the Legal Notice the O.P. makes no reply which also prove the deficiency in service on the part of the O.P.
Having heard, the Complainant and on perusal of the Complaint, deposition in chief documents filed by the Complainant it reveals that the Complainant has been able to prove the facts that he purchased one watch on 18.01.2022 from the O.P. by paying a sum of Rs. 27,697/- (Rupees Twenty Seven Thousand Six Hundred Ninety Seven) Only on E.M.I. basis. From the record it also reveals that the Complainant himself by filing the instant case which is supported by an affidavit has stated that the O.P. did not delivered the watch to the Complainant and the Complainant sent Email to the O.P. on 25.08.2022 for refunding the said sum of money but the O.P. makes no reply to the Complainant. The Complainant on oath has also stated that E.M.I. is getting debited from his account which is nothing but unfair trade practice on the part of the O.P. The Complainant has also been able to prove that on several occasions he intimate the O.P. over telephone for refunding the said sum of money but the O.P. paid no heed to that.
Considering the unchallenged evidence of the Complainant and considering the documents annexed with the Complaint we are of the view that the Complainant has been able to prove the case against the O.P. and he is entitled to get the relief as prayed for.
Hence, it is therefore,
O R D E R E D
That, the instant Consumer Case being in No. 19/2023 is hereby allowed ex-parte but in part. The O.P. is directed to pay a sum of Rs, 27,697/- (Rupees Twenty Seven Thousand Six Hundred Ninety Seven) Only to the Complainant which was the purchase price of the watch.
The O.P. is also directed to pay a sum of Rs. 20,000/- (Rupees Twenty Thousand) Only to the Complainant towards compensation for the deficiency in service on the part of the O.P. as well as towards mental harassment and agony caused to the Complainant by the O.P.
O.P. is also directed to pay a sum of Rs. 2,000/- (Rupees Two Thousand) Only to the Complainant towards cost of the Legal Proceedings. The O.P. is further directed to pay a sum of Rs. 10,000/- (Rupees Ten Thousand) Only to Consumer Legal Aid Account of this Commission.
The OP is directed to pay the above stated amount within 45 days from this day failing which the Complainant is at liberty to take proper steps against the O. P. as per law and in that case the O.P. will have to pay interest @ 9% per annum with effect from this day till making payment of the entire amount.
Let a copy of this order be given to the Complainant free of cost.
