Date of filing: 12/02/2020                                        

Date of Judgment: 06/10/2023

Mr. Sudip Niyogi, Hon’ble President.

                                                               BRIEF FACTS

The petitioner placed an order for purchasing one mobile set being Model No. one plus 2 of Samgstone Black Colour with specification of 4GB RAM and 64 GB internal storage capacity 13 MP rear camera and 5 MP front camera, display 5.5 inches and 33 hundred MAH Battery capacity at a price of Rs. 13,999/- to OP No. 2 company who deals in various commodities namely computer, cell phone etc through its official website www.ebay.in. The petitioner made online payment of the said amount vide paisa Pay ID being number 142686979437, invoice no. 11479-12 dated 20/02/2018 and the said mobile set was delivered on 27/02/2028. On receipt of the said mobile hand set OP No. 2 requested for confirmation of receipt of the same through e-mail and for feedback. After confirmation of the receipt, petitioner found the power button of mobile set and the charging point were not working. Accordingly he informed the same to OP No. 2 through e-mail dated 27/02/2018. But he didn’t get any reply. Subsequently by another e-mail dated 05/03/2018 he asked for refund of the money or replace the said mobile set and this time he got a reply with the contract details of the seller of the product who is OP No. 1. But he could not contact with the OP No. 1 through WhatsApp message or mobile and ultimately on being requested by OP No. 2 he sent the product to the warehouse at his own cost through DTDC services. But the opposite parties failed to either replace the mobile set or refund the price to the complainant.; So by filing this complaint petitioner prayed for a direction to deliver a perfect conditioned hand set as ordered by him or refund the entire amount paid by him along with compensation and cost of litigation.

Opposite parties did not appear to contest this case and therefore, the complaint was heard against them.  

Petitioner filed his evidence and also brief notes of argument. He also produced the documents in support of his case.

Point for determination is whether the complainant is entitled to any relief in this case?

                                                               FINDINGS

We have gone through the materials on record. It is found that complainant produced the documents relating to his purchase of the mobile set at a price of Rs. 13,999/- which was delivered to him on 27/02/2018. He had made online payment on 20/02/2018. He also confirmed the receipt of the said mobile set to OP No. 2 following their request. Further it is found, the petitioner informed OP No. 2 about the power button and the charging point of the set not working. He made complaint regarding the said effects. But he did not get any reply for his request for replacement of the mobile set or refund the price thereof though he sent the set following the instruction of OP No. 2 at his own cost and ultimately he filed the instant complaint.

On going through the materials on record we find that the petitioner is entitled to get relief in this case, in the form of a direction to deliver one perfect hand set as ordered by him or to refund the price of Rs. 13,999/- of the said mobile set along with Rs. 3,000/- for compensation for harassment and Rs. 2,000/- for cost of litigation.

Accordingly it is

                                            ORDERED

That the instant complaint is allowed exparte against the opposite parties.

Both the OPs are directed to deliver one perfect conditioned hand set as ordered by the petitioner or to refund the entire amount of  Rs. 13,999/- which was the price of the said hand set, and also to pay Rs. 3,000/- for compensation and Rs. 2,000/- for cost of litigation to the complainant.

OPs are directed to comply with this order within 30 days from the date of this order failing which the complainant shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

President