DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 628/2017
D.No._______________________ Date: __________________
IN THE MATTER OF:
ANKUR JAIN S/o SH. ANIL JAIN,
R/o PLOT No. 32, BLOCK-E,
UPPER GROUND FLOOR, SEC-1, AVANTIKA,
ROHINI, DELHI-110085. … COMPLAINANT
Versus
M/s SCREEN GUARDS INDIA,
THROUGH ITS CMD/MD/DIRECTORS/AR,
B-16, KESHOPUR INDL. AREA,
VIKAS PURI, NEW DELHI-110018.
ALSO AT: 293, BASEMENT, LANE No.-2,
KEHAR SINGH ESTATE,
NEAR SAKET METRO STATION,
SAIDULAJAB, NEW DELHI-110030. … OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 28.07.2017
Date of decision: 17.03.2020
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant booked one Lunath @ Apple iPhone 6/6S Taktik Extreme 100% Water/Dust Resistant Aluminium Alloy Super Strong Casing with coming Gorilla Glass Back Cover Black worth Rs.1,899/- vide RMA #0000014838 which was accordingly
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supplied by OP and the complainant paid a sum of Rs.1,899/- to OP being the cost. The complainant further alleged that due to some technical reasons, the complainant returned the same to OP through courier dated 01.07.2017 which was duly received and acknowledged by OP vide e-mail dated 04.07.2017 in which OP deliberately and intentionally denied the receipt of the said screen guard on the false pretext that the packet was empty containing newspaper. Thereafter, the complainant sent a legal notice dated 06.07.2017 through his Counsel to OP on the said 2 addresses of OP through speed post as well as by e-mail thereby calling upon him to refund the money alongwith damages within 7 days from the date of receipt of the said notice which was duly served upon OP but despite its service, OP neither replied nor complied the same and further alleged that there is deficiency in service and unfair trade practice on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to refund the sum of Rs.1,899/- to the complainant being the cost of the product which the complainant had paid to OP as well as compensation of Rs.50,000/- for mental, physical agony and harassment and has also sought cost of litigation alongwith interest @ 24% p.a.
3. Notice was issued to OP through speed post for appearance on 02.11.2017, 18.12.2017 & 28.03.2018 and the complainant filed track reports and proof of delivery certificate issued by the Post
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Authorities which shows that OP has been served in 2nd address on 29.08.2017 & 09.01.2018 but as none for OP appeared as such OP has been proceeded ex-parte vide order dated 06.04.2018.
4. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of receipt/Order ID no. 1100454908 dated 23.06.2017 for a sum of Rs.1,899/- issued by Screen Guards India, copy of Thanks letter by mail dated 23.06.2017 sent by OP to the complainant and copy of legal notice dated 06.07.2017 sent by the complainant through his Counsel to OP by speed post and e-mail alongwith postal receipts and tracking reports.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notices of this case from this Forum, OP has kept mum and has not bothered to answer the case of the complainant, showing that they have no defence at all in their favour.
6. On perusal of the record, we find that the complainant made request for refund the said product to OP through courier dated 01.07.2017 which was duly received and acknowledged by OP vide e-mail dated 04.07.2017 in which OP deliberately and intentionally denied the receipt of the said screen guard. Accordingly, OP is held
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guilty of unfair trade practice and deficiency in service.
7. Accordingly, OP is directed as under:
i) To pay to the complainant an amount of Rs.1,899/- being the cost of the disputed screen guard.
ii) To pay to the complainant an amount of Rs.2,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.1,100/- towards cost of litigation.
8. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 17th day of March, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
