Haryana

Panchkula

CC/330/2020

VARUN GARG - Complainant(s)

Versus

SCREEN GUARDS INDIA. - Opp.Party(s)

ATUL GOYAL & ARJUN KUNDRA.

01 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA

                                                       

Consumer Complaint No	:	330 of 2020
Date of Institution	:	29.10.2020
Date of Decision	:	01.06.2022

 

Varun Garg son of Sh. Ved Parkash Garg, resident of H.No.959,  Sector-7, Panchkula-134109(Haryana)

                                                                ….Complainant.

Versus

Screen Guards India (A unit of Zibbri India Pvt. Ltd. (U52100DL2017PTC315450)) having its office at B-16, Keshopur Industrial Area, Vikaspuri, New Delhi-110018, India through its Directors/ Authorised Representative.                                                                                                                       ….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

Before:              Sh.Satpal, President.

Dr.Pawan Kumar Saini, Member.

Dr.Sushma Garg, Member.

 

For the Parties:   Sh. Arjun Kundra, Advocate for the complainant.

                        OP already proceeded ex-parte vide order dated 24.01.2022.  

ORDER

(Dr. Pawan Kumar Saini, Member)

1.                The brief facts of the present complaint are that On 17.09.2019 the complainant placed an order no. 1101563553 online with the OP for a water proof back cover for his VIVO V7 PLUS Mobile for an amount of Rs.899/-. The complainant received the phone cover/product from the OP. He tried to use it and found that the phone cover was not compatible with his phone and as such is of no use. The complainant contacted the OP through email dated 20.09.2019 and disclosed his intention to return the product. The OP acknowledged the request of the complainant and vide its email dated 21.09.2019 informed him that they will reverse pickup of the product within 48 hours and will proceed with the replacement/refund. It is also stated that the complainant received an e-mail dated 28.09.2019 whereby the OP requested for the account detail of the complainant so as to process the refund. He shared his account details vide email dated 30.09.2019 and the OP acknowledged the receipt of the same on the same date. He  received another e-mail dated 09.10.2019 from the OP through which the former was informed that the refund has already been initiated and it will take 2 to 3 working days to reflect in the bank account but till date the complainant has not received the refund of Rs.899/-.  The complainant has orally informed the OP that he has given the proper account details but the Op has been asking for the correct account details. The OP blamed the complainant that he is not providing the account details. Due to the acts and conduct of the OPs, the complainant has suffered a great mental agony, harassment and financial loss. The OPs have also committed deficiency in service and unfair trade practice; hence, the present complaint.

2.             Notice was issued to the OP through email on 05.01.2022 received back served but none has appeared physically on behalf of the OP before the Commission despite the fact that the contents of the present complaint are well within the knowledge of the OP. Thus, due to non appearance of OP, it was proceeded ex-parte by this Commission vide its order dated 24.01.2022.

3.             To prove the case, the ld. counsel for the complainant has tendered his affidavit as Annexure C-A along with documents Annexure C-1 to C-9 in evidence and closed the evidence by making a separate statement.

4.             We have heard the ld. counsel for the complainant and gone through the entire record available on the file including written arguments filed on behalf of the complainant, minutely and carefully.

5.             Admittedly, a sum of Rs.899/- which was paid by the complainant as consideration in lieu of product price of the back cover for his Vivo V7 plus mobile, has been refunded to him by the OP during the pendency of the present complaint. Now, the prayer of the complainant is that he is entitled to be duly compensated on account of mental agony and harassment suffered by him due to deficient service rendered by the OP. It is contended that a sum of Rs.899/- was refunded by the OP only after the filing of the present complaint and thus, OPs is liable to compensate  the complainant on account of mental agony and physical harassment suffered by him. We have perused the e-mail conversation, between the complainant and OP, held on 20.09.2019 (Annexure C-3) vide which the OP was duly apprised that the back cover sent by the OP was not found fit for Vivo V7 plus mobile as the same was of a smaller size. The OP vide e-mail on the next date i.e. 21.09.2019 assured the complainant  for the reverse  pick up of  product  within 48 hours but the same was not collected. Thereafter, the OP asked the bank details of the complainant vide e-mail dated 28.09.2019(Annexure C-5) assuring that the refund would be added in his account within 48 hour. On email dated 30.09.2019(Annexure C-6) shows that the complainant had sent his bank details to the OP. Thereafter, the complainant was assured vide email dated 30.09.2019(Annexure C-7) followed email dated 08.10.2019 (Annexure C-8) about the refund of the amount in question but the same was not made thereby compelling  the complainant to institute the present unwanted litigation on 29.10.2019.

6.             The OP preferred not to contest the present complaint and remained absent despite services of notice, accordingly, it was proceeded ex-parte vide order dated 24.01.2022 and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.             In view of the discussion made above, it is clear that the OP failed to fulfill its commitment relating to the refund of the amount till filing of the present complaint; hence, we conclude that OP had been deficient while rendering services to the complainant.

  8.           As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP:-

1. The OP is directed to pay the interest on amount of Rs.899/- @9% per annum w.e.f. 17.09.2019 to 09.02.2021 to the complainant.
2. To pay a lump sum amount of Rs.2000/- to the complainant on account of mental agony, harassment and litigation expenses.

 

9.             The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on: 01.06.2022

 

 

                Dr.Sushma Garg         Dr. Pawan Kumar Saini        Satpal

                    Member                  Member                          President

 

Note: Each and every page of this order has been duly signed by me.

                                       

                                        Dr.Pawan Kumar Saini                                                                                

                                              Member