Chandigarh

DF-I

CC/151/2017

Ravinder Kumar - Complainant(s)

Versus

Snapdeal (WWW.Snapdeal.com) - Opp.Party(s)

In Person

30 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/151/2017
Date  of  Institution	:	16/02/2017
Date   of   Decision	:	30/05/2017

 

 

 

 

 

Ravinder Kumar s/o Late Sh. Berjinder Mohan, resident of H.No. 14, 1^st Floor, Sector 27-A, Chandigarh – 160019.

 

….Complainant

 

Vs.

 

 

SNAPDEAL [WWW.SNAPDEAL.COM], 362-363, ASF Centre, Udyog Vihar Industrial Phase-4, Near Sector 18 Vihar, Gurgaon – 122001, through its Manager/M.D/ Authorized Signatory.

…… Opposite Party

 

 

BEFORE:   MRS.SURJEET KAUR        PRESIDING MEMBER

          SH. RAVINDER SINGH      MEMBER

 

For Complainant	:	None.
For Opposite Parties	:	Ex-parte.

 

PER SURJEET KAUR, PRESIDING MEMBER

 

 

 

          In brief, enticed by the various advertisements of the Opposite Party, regarding the sale of various items on its Portal (www.Sanpdeal.com), the Complainant had purchased one Canon Image MF221d Legal Size Copier-Printer-Scanner, on-line, for Rs.13,520/- vide invoice dated 06.02.2017. However, instead of the ordered product, the Opposite Party sent the A-4 Copier-Printer-Scanner. The Complainant, immediately, contacted the Opposite Party, but it did nothing to redress his grievance. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Party tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.  

  

2.          Notice of the complaint was sent to the Opposite Party, seeking its version of the case. Since, nobody appeared on behalf of Opposite Party, despite service, therefore, it was proceeded ex-parte 02.05.2017.

 

3.          Complainant led evidence in support of his contentions.

 

4.          We have perused the record with utmost care and circumspection. 

 

5.          In the present case, the averments of the complaint have gone unrebutted in the absence of the Opposite Party, who was duly served, and preferred neither to appear in person, nor through its Counsel. It is established beyond all reasonable doubt that the complaint of the Complainant is genuine. The Opposite Party has certainly and definitely indulged into unfair trade practice, as it was incumbent upon it (Opposite Party) to deliver the product ordered by the Complainant, which it did not. Also, the Opposite Party did not bother to redress the grievance of the Complainant, when contacted by him. Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against it.

 

6.          In the light of above observations, we are of the concerted view that the Opposite Party is deficient in giving proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua it. The Opposite Party is directed:-

 

[a]  To refund Rs.13,520/- being the invoice price of the Canon Image MF221d Printer;

 

[b]  To pay Rs.7,000/- as compensation for mental agony & harassment suffered by the complainant;

 

[c]  To pay Rs.5,000/- as costs of litigation.

 

7.          The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, it shall be liable for an interest @12% p.a. on the amounts mentioned in sub-paras [a] and [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c].  

 

8.          The Complainant shall return the Canon Image MF221d Printer in question to the Opposite Party after the compliance of the order.

 

9.          The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

30^th May, 2017                                   Sd/-    

(SURJEET KAUR)

PRESIDING MEMBER

 

 

                                      Sd/-

 (RAVINDER SINGH)

MEMBER