Complainant Jayant Trivedi field this case for a claim of Rs. 6,614/- along with compensation of Rs. 20,000/- and Rs. 10,000/- visiting charge of service station.

2          The brief case of the complainant is that complainant purchased “Dell Tablet” from online shopping through Snapdeal on 09.10.2016 vide order No. 9343474905, sub-order No. 11892163235, item Code D1052734 and invoice SC356D15  16 207 on payment of Rs. 6,614/-. One year warranty is provided by O.P.

            But just after two months of purchase a problem was created in the tablet, it always becomes switch off. Complainant approached several times to O.P. but it is never cared.  Then complainant asked for return of the cost from O.P. who became agreed after deduction of 20% as depreciation value. O.P. asked to provide road permit or alternate address to collect the tablet. The complainant could not collect road permit or alternate address and requested to collect the tablet and refund the cost but O.P. did not take proper step and this O.P. has not provided service which caused mental harassment and deficiency in service. Hence this case is filed.

3          Complainant filed these documents in support of the claim:-

Anx-1 Copy of letter dt. 25.02.2017 to O.P.

Anx-2 Copy of Retail Invoice.

Anx-3 Copy of E-mail by O.P. dt. 02.03.2017.

Anx-4 to 4/3 Copies of Repair Order forms.

Anx-5 to 5/2 Copies of E-mail conversation between complainant and O.P.

Anx-6 Copy of complaint to N.C.C.

Anx-7 to 7/4 Copies of E-mail conversation.

Anx-8 to 8/2 Copies of E-mail conversation.

                        Complainant has also examined himself orally as witness on affidavit and cross- examined.

4          O.P. No.1 Dell Intl Service India Ltd. appeared and filed W.S.

                        It is submitted that this O.P. is ready to refund the purchase price to the complainant to put an end to the present dispute without prejudice to its rights and contention. However, complainant has refused to accept the same and demanding compensation which entirely against terms and conditions and this complaint is liable to be dismissed as abuse of process of law.

                        It is also submitted that this Forum has no territorial jurisdiction on O.P. is at Bangalore.

                        It is also submitted that O. P. on several times replaced the tablet as multiple occasions and ready to refund the cost. So, there is no deficiency or unfair trade practice.

                        It is also denied that O.P. has harassed the complainant.

                        O.P. No.1 has filed Anx-A to A/4 which are copies of Repair Order Forms and Anx-B copy of the terms and conditions.

5          O.P. No.2 has appeared but not filed any W.S. It appears that O.P. No.2 is Dell Service Centre and so the W.S. filed by O.P. No.1 shall be deemed to be same.

F I N D I N G S

6          We perused the record. We hold that complainant is a consumer by way purchasing product online using E-Platform of Snapdeal through shipping from Edge Infotel Pvt. Ltd. Spear 2 on payment online. So, payment is done from Bokaro therefore, this forum has jurisdiction to deal with having part cause of action arises here itself. The dispute of defect in purchased tablet, is no doubt, consumer dispute. So, this case is maintainable.

7          The O.Ps. in written statement is ready to refund the cost price only because there is no deficiency in service as because the Anx-4 to 4/3 of the complainant and Anx-A to A/4 are sufficient to show  the services provided to the complainant. It is also a fact that before the GST, O.P. had asked for road permit or alternate address to pick up the defective tablet which was genuine demand of O.P. but later when GST was applicable, this demand was also left by O.P. but the complainant did not ready to send this tablet. Therefore, we do not found deficiency in service or unfair trade practice by O.P. However, it is admitted position that O.P. is ready to refund the cost of price, therefore, there is no such dispute left to be decided except the compensation and demand of cost of visiting service centre.

8          On perusal of the Annexures and the oral evidence we found that O.Ps. have directly not harassed mentally, but the complainant harassed physically by running several times to service centre for removing the defect in the product. Therefore, we feel and accept this harassment to be compensated by O.P.

9          Therefore, we allow part claim of the complainant and we direct the O.P. No.1 to refund the cost price of Rs. 6,614/- (Rs. Six thousand six hundred fourteen) only to the complainant on return of the defective Dell Tablet to the representative of the O.P. within 45 days of the order and further, we direct to pay Rs. 1000/-(Rs. One thousand) only as compensation for physical harassment and litigation cost of Rs. 500/- (Rs. Five hundred) only.