Complainant present in person
Opponents through Lrd Adv. Om Prakash
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(05/03/2014)
This complaint is filed by the consumer against the opponent for deficiency in service under section 12 of the Consumer Protection Act, 1986. The brief facts are as follows,
1] The complainant is a resident of Kondhwa, Pune. The opponent is doing its business at Amritsar. It is the case of the complainant that he had booked order of model named Akash Tab 7Ci on 12/2/2013 by online mode. He has made payment of Rs. 4,199/- through his bank account of ICICI bank. However, he has not received the product as per the order. He made various correspondence with the opponent but the opponent has only assured to supply the product but no product was supplied. Hence, this complaint is filed for getting price of Rs, 4,199/-, legal charges of Rs.5,000/- and compensation of Rs. 10,000/-.
2] The opponent appeared and filed preliminary objections and raised issue of jurisdiction. It is the case of the opponent that this Forum has no territorial jurisdiction to entertain the complaint, as the opponent is doing its business at Amritsar. It is also averred that the opponent is ready for settlement of the matter. As per the agreement between the parties, Amritsar Forum alone has jurisdiction. It has prayed for the dismissal of the complaint.
3] The complainant has filed rejoinder to the said written version and averred that as per section 11(2)(c) of the Consumer Protection Act, 1986, complaint shall be instituted in the District Forum within the local limits of whose jurisdiction, the cause of action, wholly or in part arises. The transaction is e-transaction. The complainant has booked the product by making online payment through his bank account of ICICI bank and cause of action arose at Pune. Hence this Forum has jurisdiction to entertain the present complaint.
4] After scrutinizing the documentary evidence, which is produced before this Forum, hearing the arguments of both the counsels and considering pleadings, the following points arise for my determination. The points, findings and the reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1. | Whether this Forum has jurisdiction to entertain the present complaint? | In the affirmative |
2. | Whether opponent has caused deficiency in service? | In the affirmative. |
3. | What order? | Complaint is partly allowed. |
REASONS :-
5] It is significant to note that as per averment and documentary evidence produced by the complainant, it reveals that the entire transaction was online transaction. The complainant had placed order by making payment through his bank account of ICICI bank from Pune. Hence, it is opinion of the Forum that cause of action arose at Pune and this Forum has jurisdiction to entertain the present complaint. It is contended by the opponent that as per agreement between the parties only Amritsar Forum has jurisdiction to entertain the complaint. That agreement is not placed on record by the opponent. Hence this contention can not be accepted.
6] As per pleading and evidence on record, it reveals that the complainant has paid an amount of Rs. 4,199/- to the opponent. He has not received the product. Hence, he is entitled for the reimbursement of the price of the product and cost of the proceeding to the tune of Rs. 500/- and compensation for mental and physical harassment to the tune of Rs. 2,000/-. This Forum answers the points accordingly and pass the following order.
** ORDER **
1. Complaint is partly allowed.
2. It is hereby declared that the opponent
has caused deficiency in service by not
supplying product as per the order.
3. The opponent is directed to pay cost
of the product Rs. 4,199/- (Rs. Four
Thousand One Hundred Ninety Nine
only), Rs. 2,000/- (Rs. Two thousand
only)towards compensation for mental
harassment and Rs. 500/- (Rs. Five
Hundred) towards cost of the complaint
i.e. Total amount of Rs. 6,699/- (Rs. Six
Thousand Six Hundred Ninety Nine only)
to the complainant within six weeks from
the date of receipt of this order.
4. If the opponent failed to pay the
abovementioned amount within
stipulated time of six weeks, the
complainant is entitled to receive
interest on the said amount @ 9%
p.a. from the date of filing the complaint
till its realization.
5. Copies of this order be furnished to the
parties free of cost.
6. Parties are directed to collect the sets,
which were provided for Members within
one month from the date of order, otherwise
those will be destroyed.
Place – Pune
Date- 05/03/2014
