DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.423 of 14-07-2014

Decided on 05-11-2014

Harmail Singh Gill aged about 35 years S/o Ishar Singh R/o Kartar Basti, Street No.2, Bathinda.

........Complainant

Versus

Snapdeal RI, Ext.444240, Okhla Phase III, New Delhi-110020, through its Managing Director.

.......Opposite party

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt.Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Sh.Jarnail Singh, Member.

Present:-

For the Complainant: Sh.Vakeel Singh, counsel for the complainant.

For Opposite party: Opposite party ex-parte.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The instant complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). Briefly stated the case of the complainant is that he has purchased online one new Xolo Q900 mobile handset for Rs.9140/- from the opposite party that has been received by him through courier receipt No.128613123400 on 14.5.2014. On opening of the parcel the complainant found that the abovesaid mobile handset is broken. The complainant sent an e-mail dated 14.5.2014 at 04:06 PM to the opposite party with the photocopy of received broken mobile handset. The complainant told the opposite party to refund his money, as he does not want to purchase the abovesaid broken mobile handset. The opposite party acknowledged the e-mail and conveyed the complainant to send it the abovesaid mobile handset to get his money back. On receiving the abovesaid mobile handset the opposite party told the complainant to send his bank account details for the refund of the money. The complainant sent bank account details through e-mail i.e. account bearing No.20119631081, IFSC code-SBIN0002315, branch SBI Bathinda Cantt; location-Bathinda Cantt, required by the opposite party on 27.5.2014. The opposite party sent two e-mails to the complainant on 9.7.2014 that the amount received by it will be refunded in his bank account within 5-7 working days and apologized for the inconvenience suffered by him. The opposite party did not refund the amount to the complainant as such he again sent an e-mail to the opposite party to refund the money and in reply to the said e-mail the opposite party through e-mail dated 30.7.2014 informed the complainant that the refund is being initiated and refund amount will be reflected in his bank account within next 5-7 working days. The opposite party again sent an e-mail dated 1.7.2014 to the complainant and demanded his bank account details. The complainant has already sent the bank account details through e-mail dated 27.5.2014 that has been duly acknowledged by the opposite party. Despite his repeated requests the opposite party has failed to refund the amount of Rs.9140/- to the complainant till date. Hence the complainant has filed the present complaint to seek the directions of this Forum to the opposite party to refund the amount of Rs.9140/- alongwith interest, cost and compensation.

2. Registered notice has been sent to the opposite party on dated 6.8.2014 vide postal receipt No.A RP375992705IN but despite receiving the summons, none appeared on behalf of the opposite party before this Forum, hence ex-parte proceedings are taken against it.

3. The complainant has led ex-parte evidence to support his allegations. He has produced Ex.C1:-Photocopy of bank passbook; Ex.C2 to C-6:-Photocopies of e-mails and Ex.C7, his own affidavit dated 27.10.2014.

4. The arguments advanced by the learned counsel of the complainant heard at length. Record alongwith written submissions submitted by the learned counsel of the complainant perused

5. The mobile handset in question sent by the opposite party was broken on the delivery, in this regard the complainant has sent an e-mail to the opposite party and in reply to the said e-mail the opposite party has sent him e-mail vide Ex.C4. The relevant portion of Ex.C4 is reproduced hereunder:-

“With reference to your complaint number 6591675, we would like to inform that we have received and verified your NEFT details. We are now initiating the refund process.

Please note that your amount will reflect in your bank account within next 5-7 working days.”

Again vide Ex.C5 the opposite party conveyed the complainant that the refund will be sent to him in his account within 5-7 working days. Through e-mail dated 1.7.2014, Ex.C6, the opposite party asked the complainant about his bank account number. The complainant has furnished his bank account number but till date the amount of Rs.9140/- has not been refunded to him.

6. The e-mails sent to the complainant by the opposite party show that the mobile handset sent to the complainant by the opposite party was broken, as its back panel damage order No.2061173917 is shown in Ex.C2, thus the opposite party has admitted that the mobile handset in question was in the broken state, hence the correspondence made by the opposite party through e-mails also reflects the defect in the abovesaid mobile handset. Moreover through these e-mails the opposite party was agreed to refund the amount, but no amount has been refund to the complainant till date, thus there is deficiency in service on the part of the opposite party.

7. Therefore in view of what has been discussed above this complaint is accepted with Rs.5000/- as cost and compensation against the opposite party. The opposite party is directed to refund the amount of Rs.9140/- alongwith interest @9% per annum since sending of the mobile handset in question to the opposite party till realization.

8. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.

9. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:-

05-11-2014

(Vikramjit Kaur Soni)

President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member