Punjab

Ludhiana

CC/14/823

Vipul Babutta - Complainant(s)

Versus

Somal Communication - Opp.Party(s)

Compl.in person

23 Apr 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

                                                                    Complaint No: 823 of 02.12.2014

                                                                   Date of Decision: 23.04.2015

                    

Vipul Babuta, s/o Late Sh.Harish Chander Babuta, r/o House no.83/2B, Street No.2, Raman Enclave Near Rishi Nagar Telephone Exchange, Ludhiana.

.…Complainant

Versus 

Somal Communications, through its Proprietor, SCO 136, Feroze Gandhi Market, Ludhiana.

…..Opposite party 

COMPLAINT UNDER SECTION 12 OF THE

CONSUMER PROTECTION ACT, 1986.

 

Quorum:    Sh.R.L.Ahuja, President

                   Sh.Sat Paul Garg, Member

                   Smt.Babita, Member

 

Present:     Complainant Sh.Vipul Babuta in person.

                   Sh.Munish Purang, Advocate for OP.

 

 

 

ORDER

 (SAT PAUL GARG, MEMBER)

1.               Present complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) has been filed by Sh.Vipul Babuta, s/o Late Sh.Harish Chander Babuta, r/o House no.83/2B, Street No.2, Raman Enclave Near Rishi Nagar Telephone Exchange, Ludhiana (herein-after in short to be referred as ‘complainant’) against Somal Communications, through its Proprietor, SCO 136, Feroze Gandhi Market, Ludhiana (herein-after in short to be referred as ‘OP’)- directing them to refund the amount of Rs.2500/- paid by the complainant with interest, to pay Rs.3.00 lacs as compensation for mental and physical harassment to the complainant, to pay Rs.1,50,000/- as Consumer Welfare Fund, to pay Rs.40,000/- as litigation expenses to the complainant alongwith any other appropriate relief, which the Forum deems think fit and all consequential relief be also granted to the complainant.

2.                Brief facts of the complaint are that on 20.09.14 the complainant had booked an Apple I phone-6 from OP, after paying Rs.2500/-, vide receipt no.4946 and complainant was assured by the OP that the said phone will be delivered to the complainant at the day of its official launching i.e. on 17.10.14. At the time of booking the complainant informed the OP that the said phone is booked for his Sister, who is about to visit the complainant on the auspicious occasion of Diwali and complainant want to gift her. On 09.01.14 complainant in order to verify the delivery and to confirm the color and specifications of the I Phone Mode contacted the OP, who confirmed the timely delivery of the mobile. After some days on 16^th October, 2014, the complainant contacted the OP, but no reply was received. Thereafter complainant on 17^th October, 2014 visited the shop of OP and asked for the delivery of the mobile as per commitment, but they asked the complainant to wait for couple of days. Subsequently complainant waited for couple of days and again visited the OP on 20^th October 2014 to receive the I phone, but complainant was informed that limited stock was received, which has been sold and OP again asked the complainant to wait for some days, they will arrange the I Phone. But despite the assurance given by the OP, they failed to deliver the I Phone to the complainant, despite repeated requests and reminders of the complainant. Complainant also sent legal notice dated 30.10.14 regarding the same mater, for which reply through legal notice dated 19.11.14 was received making absolutely false excuses. Claiming the above act as deficiency in service on the part of the OP, the complainant has filed this complaint.

3.                On notice of the complaint, OP appeared through his counsel and filed written statement taking preliminary objections the complaint is not maintainable; the complainant has not come to the Forum with clean hands and has suppressed the material facts from this Forum; the complaint is false, frivolous and vexatious one. Further submitted that complainant booked I phone 6 with the OPs on 20.09.14, which was to be delivered by the OP on 17.10.14 i.e. launching date of said mobile phone. However one day before on 17.10.14, the OP has received the stock of the said mobile phone and on 16.10.14 contacted the complainant to collect the said mobile phone on 17.10.14 after making remaining payment. But on 17.10.14 the Ops did not approached the complainant till evening. OP also informed the complainant on 17.10.14 in evening hours to collect the mobile phone from the OP, but the complainant again did not turn up. Thereafter on 18.10.14 the OP again telephonically called the complainant and requested him to collect the phone. But due to insufficient funds, complainant failed to collect the mobile. Even in reply to notice sent by the complainant, the OP appraised this fact, but complainant did not approach the OP. On merits, denying the contents of all other paras Ops prayed for the dismissal of the complaint.

4.                Complainant has placed on record his duly sworn affidavit Ex.CA, wherein the same facts have been reiterated as narrated in the complaint and also attached documents Ex.C1 to Ex.C6. On the other hand, Ld. Counsel for OP has placed on record affidavit of Sh.Somal Sood, Prop. M/s Somal Communications/OP, wherein, the same facts have been reiterated as narrated in the written statement Ex.RW1/A and also attached documents Ex.R1 to Ex.R4.

5.                Case was fixed for arguments. Complainant argued orally that on 20.09.14 he had booked an Apple I phone-6 from OP, after paying Rs.2500/-, vide receipt no.4946 and complainant was assured by the OP that the said phone will be delivered to the complainant at the day of its official launching i.e. on 17.10.14. On 09.10.14 complainant confirmed the delivery of the phone and OP confirmed the timely delivery of the mobile. Thereafter complainant on 17^th October, 2014 visited the shop of OP and asked for the delivery of the mobile as per commitment, but they asked the complainant to wait for couple of days. Subsequently complainant again visited the OP on 20^th October 2014 to receive the I phone, but complainant was informed that limited stock was received, which has been sold and OP again asked the complainant to wait for some days. But OP failed to deliver the I Phone to the complainant, despite repeated requests and reminders of the complainant.

6.                On the other hand, Ld. Counsel for OP argued that that complainant booked I phone 6 with the OPs on 20.09.14, which was to be delivered by the OP on 17.10.14 i.e. launching date of said mobile phone. However after receiving the stock of the said mobile OP contacted the complainant to collect the said mobile phone after making remaining payment. But the complainant did not approach the OPs till evening. OP also informed the complainant on 17.10.14 in evening hours to collect the mobile phone from the OP, but the complainant again did not turn up. Thereafter on 18.10.14 the OP again telephonically called the complainant and requested him to collect the phone. But due to insufficient funds, complainant failed to collect the mobile and there is no deficiency in service on the part of the OP.

7.                It is evident that complainant had booked an Apple I phone-6 on 20.09.11 from OP, after paying Rs.2500/-, vide receipt no.4946 as booking charges. As per Ex.C6 to the OPs and complainant was assured by the OP, but the OP failed to provide him the best service and also failed to deliver him the I phone 6, which he had booked after paying Rs.2500/-. On the other hand, OP has failed to adduce any evidence that they made any call or any other communication to the complainant. However, it is also not understood as to how the said costly instrument was booked with a small amount of Rs.2500/-. It was incumbent on the part of the OP to send some notice to the complainant to deposit the remaining amount prior to the date of delivery of the said phone. As averred by the complainant, he on 17^th October, 2014 visited the shop of OP and asked for the delivery of the mobile as per commitment, but they asked the complainant to wait for couple of days. Subsequently complainant waited for couple of days and again visited the OP on 20^th October 2014 to receive the I phone, but complainant was informed that limited stock was received, which has been sold and OP again asked the complainant to wait for some days, they will arrange the I Phone. But despite the assurance given by the OP, they failed to deliver the I Phone to the complainant, despite repeated requests and reminders of the complainant.

8.                Sequel to the above discussion, the present complaint is allowed and OP is directed to refund the amount of Rs.2500/- to the complainant. Further OP is directed to pay Rs.5000/-(Five thousand only) as compensation and litigation expenses compositely assessed to the complainant. Order be complied within 30 days of receipt of the copy of the order, which be made available to the parties free of costs. File be consigned to record room.

 

          (Babita)                          (S.P.Garg)                      (R.L.Ahuja)

          Member                           Member                         President

Announced in Open Forum.

Dated:23.04.2015 

Hardeep Singh