DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 151 of 17.4.2018

                                      Decided on:         20.9.2018

Sh.Ashraf Mehmood Nandan aged 52 years S/o Sh.Abdul Hameed Nandan, residing at # 21-22, St. No.1, New Shakti Nagar, Near Railway Station, Patiala.

                                                                   …………...Complainant

                                      Versus

The C.E.O.Shop CJ Network Pvt. Ltd. (Formerly Known as STAR CJ Network India Private Limited, 6^th Floor, Star CJ Plaza Dr.D.B.Marg, Grant Road (East) Mumbai-400007.                                                            …………Opposite Party

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neelam Gupta, Member

                                      Sh.Kanwaljeet Singh, Member                                      

ARGUED BY:

                                      Sh.Ashraf Mehmood, complainant in person.

                                      Opposite party ex-parte.

 ORDER

                                    SMT.NEELAM GUPTA, MEMBER

1. The complainant made an on-line purchase of one LG Grill Microwave Oven from the OP vide order No.20171006031633 dated 6.10.2017 for a sum of Rs.7298/-.On receiving the product, the complainant found that the OP had supplied Solo Microwave Oven instead of Grill Microwave Oven as shown on the T.V.screen.The complainant lodged a complaint on Toll free help line and the representative of the company told the complainant to return the product if he was not satisfied with the product and the Op will refund the amount paid. The complainant agreed for returning the product and getting the refund of the amount paid by him. The complainant cancelled the order and returned the product through their register channel. The picking staff issued pick up receipt No.3874321010342/STAR CJ SURFACE. Thereafter, the complainant requested the OP telephonically time and again for the refund of the price of the microwave. He also sent various e-mail but the OP failed to refund the amount paid by the complainant. In an e-mail dated March,16,2018 , sent by the OP it was written that the matter would be resolved in 4-5 days but it failed to do so. The complainant also sent a registered postal letter dated 13.2.2018 for the refund of Rs.7298/- to the CEO of the company but to no use. The complainant underwent a lot of harassment and also suffered monetarily. Ultimately he approached this Forum under Section 12 of the Consumer Protection Act(for short the Act),1986.\
2. On notice, the OP did not appear despite service and was ultimately proceeded against ex-parte.
3. In support of his case, the complainant has tendered into evidence his sworn affidavit, Ex.CA alongwith documents, Ex.C1, copy of pick up receipt, Ex.C2 copies of e-mails, Ex.C3 copy of letter written to CEO, Shop CJ, Ex.C4 copy of postal receipt, Ex.C5 copy of message received and closed the evidence.
4. We have heard the complainant in person and also gone through the evidence on record.
5. Ex.C1 is the ‘pickup receipt’ issued by the picking staff of the OP when they took back the product and the ‘Reason’ for taking back the product is also written as “wrong product received”. Ex.C2 is the e-mail, sent by the complainant to the OP for the refund of the price of the microwave. Ex.C3 is the registered postal letter dated 13.2.2018 sent by the  complainant to the OP. Ex.C5, i.e. the e-mail sent by the OP to the complainant, the OP has  clearly written that the complaint regarding the refund against order No.20171006031633 would be attended shortly. But the OP failed to refund the price of the product which amounted to unfair trade practice on the part of the OP. Moreover, failure on the part of the OP to contest the claim to the complainant shows indifferent attitude of the OP to redress   the grievance of the complainant.
6. In view of the aforesaid discussion, we allow the complaint of the complainant with a direction to the OP to refund an amount of Rs.7298/-, the same being the price of the microwave in question. OP is further directed to pay a sum of Rs.3000/-as compensation for the harassment undergone by the complainant alongwith a sum of Rs.2000/- as litigation expenses.                                                                                                                                    Order be complied by the OP within a period of 30 days from the date of the receipt of the certified copies of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:20.9.2018                

                                           KANWALJEET SINGH  NEELAM GUPTA

                                                MEMBER                         MEMBER