PRESENT

                   Complainant by representative Adv.Shri.Jaydeep Damale  present.                                                         

                  Opponent Ex-parte.  

ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President. )

1.   The Complainant purchased LED T.V. from Opposite Party No. 1 from their online portal for Rs. 19,690/- (Rs. Nineteen thousand six hundred ninety) on 26.10.2015. The delivery was made on 31.10.2015 at the residence of Complainant.
2. The Complainant stated that service engineer of Opposite Party company visited the house of Complainant for demo on 01.11.2015. The said T.V. was defective as per opinion of said Engineer as per the report.
3. The Complainant alleged that representative of Opposite Party Company tendered apology for supplying defective T.V. and new T.V. was supplied on 22.11.2015. The service engineer visited on 27.11.2015 and gave report that T.V. is defective.
4. The Complainant requested for refund of the amount with interest. He was subjected to mental agony due to supply of defective T.V. for second time.
5. The Complainant issued legal notice on 25.07.2016 and contacted number of times for refund of amount of Rs. 19,690/- which evolved no response by Opponent.
6. The Complainant prayed for direction to Opposite Party Company to refund the amount with interest in addition to compensation of Rs. 5,00,000/- (five lacs) and cost of Rs. 10,000/-.
7. The Complaint was admitted on 11.01.2017. The notice was issued to Opposite Party Company on 04.03.2017, the forum passed order to proceed Ex-parte as Opposite Party remained absent though duly served with notice.
8. On 10.04.2017 Complainant filed affidavit of evidence. Heard Complainant at length, perused documents. The affidavit of evidence shows that Opposite Party accepted the price of the T.V. and supplied defective T.V. twice.
9. The Opposite Party is under an obligation to supply the goods reasonably fit for the purpose and also that goods shall be of merchantable quality. There was no occasion to Complainant to examine the T.V. as same was purchased online.
10. The service reports clearly show that both televisions were not working since inception. In view of this, Complainant is entitled for refund of money and also reasonable compensation.    
11. In the result, we  pass the following order.

                             O R D E R

1.       Complaint case No.118/2016  is partly allowed.

2.       The M/s. Snapdeal Company is directed to pay Rs. 19,690/- with interest at 12% p.a. from the date of delivery i.e. 31.10.2015 till

          payment.

3.       The Opponent is directed to pay Rs. 5,000/- as compensation and  Rs. 2,000/- as cost to Complainant.  

4.       Copy of this order be sent to both parties.