Haryana

Panchkula

CC/4/2017

RAJA VIKRANT SHARMA - Complainant(s)

Versus

SHOPCLUES-CLUES NETWORK PVT .LTD - Opp.Party(s)

COMPLAINANT IN PERSON

10 Apr 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

                                                                  

Consumer Complaint No	:	4 of 2017
Date of Institution	:	06.01.2017
Date of Decision	:	10.04.2017

                                                                                          

Raja Vikrant Sharma s/o Sh.Vishnu Mohan Sharma Vikrant, R/o H.No.452, Sector-11, Panchkula.

 

                                                                                        ….Complainant

Versus

 

Headquarters & Registered office-Clues Network Pvt. Ltd., Building No.112, Sector-44, Gurgaon, 122001, Haryana, India.

 

                                                                                        ….Opposite Party

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

Mr.Jagmohan Singh, Member.

 

For the Parties:     Complainant in person. 

                             OP already ex-parte.

ORDER

(Dharam Pal, President)

 

1. The complainant-Raja Vikrant Sharma has filed this complaint against the Ops with the averments that he purchased a Sony Bravia 40W650D Inches (102cm) Smart Full HD LED TV online for an amount of Rs.3698 inclusive of shipping charges of Rs.699/- from the OP on 01.10.2016 (Annexure C-2). The amount was paid through Visa Debit Card of State Bank of Patiala and the delivery date of the TV was between 8-12 October. On 02.10.2016, the complainant received a mail from the OP that the order has been cancelled due to wrong product information and they were initiating the refund. The complainant called on customer care and asked them to deliver the product at the prescribed rate but they denied for the same and stated that they were sorry for inconvenience. On 10.10.2016, the complainant sent a message to OP and received a confirmation ID #290528. On 11.10.2016, the complainant sent a mail to OP and thereafter, on 12.10.2016, the complainant received a call from the executive of OP who admitted that due to technical “glitch” wrong price were shown and the deal was displayed on the site for one hour. Upon this, the complainant told him that it was not his fault and he has already paid the amount which was being listed on the site and wanted them to honour the deal. Thereafter, the complainant told them that he was not able to buy TV from any other site also and he ordered the TV after watching their advertisement on a national channel but the Op denied to deliver the order. The complainant requested the Op several times to deliver the TV but they denied for the same. This act of the opposite parties amounts to deficiency in service on its part. Hence, this complaint.
2. Notice was issued to the Op through registered post but none has appeared on behalf of the Op. It is deemed to be served and the Op was proceeded ex-parte vide order dated 16.02.2017.
3. The complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-13 and closed his evidence.
4. We have heard the complainant appearing in person and have also perused the record.
5. It is evident from Annexure C-2 that the complainant placed an order for Sony Bravia 40W650D Inches (102cm) Smart Full HD LED TV online on seeing the advertisement (Annexure C-1). The price of the TV was Rs.49,990/- and discount was offered for Rs.46,991/-. The complainant was to pay Rs.2999/- plus shipping cost of Rs.699/- i.e. Rs.3698/-. The complainant paid the amount of Rs.3698/- through his Visa Debit Card of State Bank of Patiala and the transaction of the same was successful which is evident through Annexure C-3. The Op gave the delivery date of the TV to the complainant between 8-12 October, 2016. The grievance of the complainant is that after receiving the payment, the Op informed the complainant vide mail dated 02.10.2016 that the order has been cancelled due to wrong product information and they were initiating the refund (Annexure C-4). The complainant requested on the customer care to deliver the product at the prescribed rate but they denied for the same. The complainant sent many messages to OP and every time the OP gave confirmation ID #290528. Thereafter, the OP again informed the complainant through mail dated 14.10.2016 (Annexure C-8) that due to technical reason, wrong price were shown and they have cancelled the order and the amount would be credited by 14.10.2016. Upon this, the complainant requested the OP that it was not his fault and he has already paid the amount which was being listed on the site and wanted them to honour the deal but the Op denied to deliver the order. The complainant requested the Op several times to deliver the TV but to no avail. The complainant has also filed his sworn affidavit (Annexure C-A).
6. Moreover, the Op did not appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against him. The non-appearance of the Op despite notice shows that he has nothing to say in his defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted.
7. In view of the above discussion, we find it to be a clear cut case of deficiency in service on the part of OP and as such the present complaint of the complainant deserves to succeed against the opposite Party and the same is accordingly allowed. The Opposite Party is directed as under:-

a)       To provide the Sony Bravia 40W650D Inches (102cm) Smart Full HD LED TV booked by the complainant. The complainant is also directed to pay an amount of Rs.3698/- if the OP refunded the same.

b)      To pay an amount of Rs.2000/- to the complainant as consolidated amount of compensation for causing mental agony and harassment on account of deficiency in service and cost of litigation.

 

8. Let the order be complied with within the period of 30 days from the receipt of certified copy of this order. A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

 

 

Announced

10.04.2017 JAGMOHAN SINGH     ANITA KAPOOR    DHARAM PAL

                      MEMBER                              MEMBER              PRESIDENT

 

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

 

 

                                          

                                                         DHARAM PAL

                                                          PRESIDENT