BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 104 of 2017
Date of Institution : 12.5.2017
Date of Decision : 7.9.2017.
Ravi Shankar aged about 27 years son of Sh. Sukhbir Singh, resident of village Bani-First, Tehsil and District Sirsa.
……Complainant.
Versus.
Director / Authorized Person/ Owner Snapdeal Company, Delivery Vendor Address: Gurgaon Vulcan Qc Vulcan Express, Khasra no.26//13, 14,15, 16/1, 18/1, 27//11, revenue Estate of Sadhrana village Gurgaon (Haryana).
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SMT. RAJNI GOYAT ………………… MEMBER
SH. MOHINDER PAUL RATHEE …… MEMBER.
Present: Complainant in person.
Opposite party exparte.
ORDER
The case of the complainant in brief is that complainant ordered a watch to the opposite party through his mobile on 23.3.2017 and on 28.3.2017 the opposite party sent one another watch instead of watch which was ordered by the complainant and the complainant paid an amount of Rs.8795/- to the company through net banking. That when the complainant saw the watch, he found that it was not the same watch which was ordered by him, so he sent back the said watch to the snapdeal company and same was received in the office of op on 11.4.2017 but the op has not refunded the above said amount to the complainant so far despite his several mails sent to the company. That thereafter, the company gave a direction to give his complaint in writing and he also talked in this regard in the office of Consumer Protection Officer who by telling the address of company asked to send a letter to the company which was also sent by him on 15.4.2017 but to no effect and on talking with the officials/ officers of the company they state that there is technical error in his account due to which they will not refund the amount to him but they have not given any satisfactory reply. Hence, this complaint.
2. On notice, opposite party did not appear and was proceeded against exparte.
3. The complainant produced copies of documents Ex.C1 to Ex.C11.
4. We have heard the complainant and have perused the case file carefully.
5. The pleadings of the complainant and evidence led by complainant remained unchallenged and unrebutted as opposite party did not come forward to contest the complainant and opted to be proceeded against exparte. So from the evidence of complainant, it is proved that complainant purchased a man watch for Rs.8795/- but, however, the op had supplied and sent another which was not ordered by the complainant and same was sent back by complainant, but, however, the complainant did not receive any such watch nor op made refund of the amount of Rs.8795/- to the complainant.
6. Though, the op has taken this plea in their e-mail that they had sent the amount but due to some technical reason in the account of complainant, the amount could not be credited but op did not put their appearance nor contested the case nor they led any such evidence.
7. In view of our above discussion, we allow the present complaint and direct the opposite party to make refund of the amount of Rs.8795/- to the complainant within a period of one month from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum from the date of filing of present complaint till actual payment. The opposite party is further directed to pay Rs.2000/- as compensation to the complainant for harassment. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:07.09.2017. Member Member District Consumer Disputes
Redressal Forum, Sirsa.
