Haryana

Panchkula

CC/349/2022

MR. VIKRAM JANGRA - Complainant(s)

Versus

THE AUTHORIZED SIGNATORY - Opp.Party(s)

IN PERSON

07 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	349 of 2022
Date of Institution	:	16.11.2022
Date of Decision	:	07.06.2023

 

 

Sh.Vikram Jangra, Akshay Urja Bhavan, Sector-17, Panchkula, Haryana-134109

                                                                           ….Complainant

 

Versus

Crossbeats, Ground Floor, Brigade Tower, 135, Brigade RD, Shanthala Nagar, Ashok Nagar, Bengaluru, Karnataka-560025                                                                                                                                                                                                                                                 ….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

Before:              Sh.Satpal, President.

Dr.Sushma Garg, Member

Dr.Barhm Parkash Yadav, Member

 

 

For the Parties:   Complainant in person.

                        OP already ex-parte vide order dated 09.01.2023.

                       

ORDER

(Satpal, President)

1.Briefly stated, the facts, as alleged in the present complaint, are that an order no.100477 was placed by the complainant with OP on 01.09.2022 for the delivery of a ignite atlas smart watch along with a curv earpod, which was free, and made the payment of Rs.4999/- as price of the said product. It is stated that the complainant was not available at the expected time of delivery of the product and thus, informed the OP accordingly. It is further stated that the said product was not delivered to the complainant and was received back by Ops on 13.09.2022. The OP was requested to refund the amount of Rs.4,999/- as paid but no positive response was received from the side of OP and ultimately, a legal notice was sent to OP on 01.10.2022 but to no avail. Due to the act and conduct of the OP, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.Notice was issued to the OP through registered post, which was not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OP; hence, it was deemed to be served and thus, due to non appearance of OP No.1, it was proceeded ex-parte by this Commission vide its order dated 09.01.2023.

3.To prove the case, the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-12 in evidence and closed the evidence by making a separate statement.

                During the arguments the complainant has placed on record additional affidavit alongwith his account statement pertaining to account no.50100480010486 OTHER with HDFC Bank and copy of email dated 10.10.2022 sent by OP  to him, which are taken on record as Mark ‘CB’,  ‘A’ & ‘B’  respectively, for the adjudication of the complaint in a proper and fair manner.  

4.We have heard the complainant and gone through the entire record available on file, minutely and carefully.

5.During arguments, the complainant, reiterating the averments as made in the complaint as also in the affidavit Annexure C-A and Affidavit Mark ‘CB’, has prayed for acceptance of the complaint by granting the relief as claimed for in the complaint.

6. The OP has preferred not to contest the present complaint by remaining absent despite service of notice and accordingly, it has proceeded ex-parte vide order dated 09.01.2023 and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.It is evident, as per account statement Annexure C-6/Mark ‘A’, that a sum of Rs.4,999/- was withdrawn from the account of the complainant and the same was credited into the account of the OP on 01.09.2022. As per track report Annexure C-3 qua the dispatch of the product as ordered by the complainant, it is evident that the same had arrived at Panchkula on 03.09.2022 but the same was not delivered and sent back to Op on 13.09.2022. As per whatsapp conversation made by the complainant with OP’s representative, it is revealed that the complainant was assured of the refund of the paid amount after making the deductions of the delivery charges. Further, as per email dated 10.10.2022(Mark ‘B’) which was sent by the OP to the complainant at his email address i.e. bikujangra97@gmail.com in response to the order no.100477, an amount of Rs.4,999/- has been shown as refunded to the complainant. However, as per account statement of the complainant no such amount as alleged by the OP vide email dated 10.10.2022(Mark ‘B’) has been refunded to the complainant. Moreover, the contentions and assertions of the complainant are unrebutted and uncontroverted; therefore, the OP has been deficient while rendering services to the complainant; hence, the complainant is entitled to relief.

8.As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP:-

1. To refund a sum of Rs.4,999/- to the complainant, along with interest @ 9% per annum(S.I.) w.e.f. the date of filing of the complaint till its realization.
2. To pay a lump sum amount of Rs.2500/- to the complainant on account of mental agony, harassment and litigation charges.

               

9.The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

 

Announced on: 07.06.2023

 

 

 

        Dr.Barhm Parkash Yadav      Dr.Sushma Garg           Satpal

                Member                         Member                 President

 

Note: Each and every page of this order has been duly signed by me.

 

                                               Satpal

                                         President