Tamil Nadu

South Chennai

CC/330/2015

R.Dhanasekar - Complainant(s)

Versus

The Manager, ASKMEBAZAAR.Com - Opp.Party(s)

Party in Persion

25 Jul 2016

ORDER

                                                                           Date of Complaint  : 06.08.2015

                                                                 Date of Order         : 25.07.2016

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,                  :  PRESIDENT                     

                     TMT.K. AMALA, M.A. L.L.B.,                                :  MEMBER–I

                            

C.C.No. 330 / 2015

THIS MONDAY  25^th  DAY OF JULY 2016

R.Dhanasekar,

S/o. Mr.S.Radhakrishnan,

No.6/1, Flowers Road,

Jagannathan Nagar,

Arumbakkam, Chennai 600 106.                                .. Complainant.

 

 

- Vs-   1. The Manager, ASKMEBAZAAR COM, Having Branch office at No.25, 3rd Floor, Dr. Radhakrishnan Salai, Dwaraka Colony, Mylapore, Chennai 600 004.   2. The Managing Director, ASKMEBAZAAR.COM, Official Co-ordinates, Getit Stores Pvt. Ltd., GYS Heights, Plot-10 & 11 2nd & 3rd Floor Tower-C., Sector 125, Noida   (Gautam Budh Nagar), Uttar Pradesh, India 201 301.                                                             .. Opposite parties.

 

For the complainant             :    Party in person           

For the opposite parties        :    Exparte.

 

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

Complaint under section 12  of the Consumer Protection Act 1986.  The complaint is filed seeking direction against  the opposite parties to refund the amount of Rs.439/- which was paid by the complainant towards purchase of Battery Bank and also a sum of Rs.1,00,000/- towards negligence and deficiency in service and also Rs.1,00,000/- towards defective service and a sum of Rs.10,000/- towards cost of the complaint.  

2.     Even after receipt of the notice from this forum in this proceeding, the opposite parties did not appear before this Forum and did not file any written version.  Hence the opposite parties were set exparte on  29.2.2016.  

3.     Perused the complaint, and the documents Ex.A1 to Ex.A6  filed by the complainant  and proof affidavit and the entire C.C. records and considered the arguments of the complainant.  

4.     The complainant contended that he is practicing advocate, he purchased a Battery Bank from the 1^st opposite party through online on 13.5.2015 for a sum of Rs.439/- but the product was not functioning and informed the same to the 1^st opposite party who advised him to return the product.  The complainant also returned the product along with purchase bill for which the 1^st opposite party’s representative issued the receipt dated 28.5.2015.  In pursuance of the above the complainant contacted the customer care call center for refund of money and they also promised  to refund the money within period and later they asked the complainant to forward his bank statement accordingly he also sent bank statement for refund of money.  But the opposite parties had not taken any measures to refund the money till then.  On 28.7.2015 he issued a legal notice to the opposite parties.   Despite of receipt of the legal notice they failed to send any reply.  Hence the complainant filed the above complaint directing the opposite parties to refund the amount of Rs.439/- which was paid by the complainant towards purchase of Battery Bank and also a sum of Rs.1,00,000/- towards negligence and deficiency in service and also Rs.1,00,000/- towards defective service and a sum of Rs.10,000/- towards cost of the complaint. 

5.     The purchase of Power Bank from the 1^st opposite party through online for Rs.439/- on 13.5.2015 by the complainant is evidenced through Ex.A6 i.e. purchase bill.    The grievance of the complainant is that the Power Bank was not functioning immediately from the date of purchase and on intimation to the 1^st opposite party they advised to return the product along with purchase bill, accordingly the complainant returned the product for which they also issued a Reverse Logistic Receipt dated 28.5.2015 for receiving back the product, the same is also evidenced through Ex.A1.    The 1^st opposite party customer care also promised to refund the money on submission of his bank accounts statement.  Accordingly the complainant also submitted his bank account i.e. Ex.A2 but the opposite parties failed to refund the cost of the product despite of receipt of legal notice i.e. Ex.A3.

6.     It is also found from the facts and documents that the product was not functioning from the date of purchase.   Moreover Ex.A1 also reveals that the product is in possession of the 1^st opposite party.  Once the 1^st opposite party received the product they are duty bound either to rectify the defect or refund the money.   Whereas it is found that the opposite parties never took any effort either to rectify the defect or refund the money despite of receipt of legal notice.  Hence the contention of the complainant that the act of the opposite parties amounts to deficiency in service and he is entitled for refund of cost of the Power Bank is acceptable.   

7.     It is also found from the evidence of the complainant that he made several request to the opposite parties for refund of the cost of the product and his complaint was also given QRC No.36137795.   But the opposite parties did not heed to his request.   Hence the submission of the complainant that as a practicing advocate due to defect in the product and negligent act of the opposite parties he was put to much hardship and monetary loss and as such he is also entitled for compensation towards mental agony is also acceptable.  

8.     Moreover the opposite parties despite of receipt of notice from this forum did not appear before this forum to defend their case and give any contra evidence.    As such it still shows the recklessness on the part of the opposite parties.   As such the opposite parties are liable to compensate the complainant for their deficiency in service and negligent act. 

9.     As discussed above considering the facts and circumstances of the case we are of considered view that the opposite parties are jointly and severally liable to refund the amount of Rs.439/- being the cost of the Power Bank and also to pay a sum of Rs.5,000/- as compensation towards mental agony and also to pay a sum of Rs.2,500/- towards litigation charges to the complainant.  However the compensation claimed by the complainant is exorbitant considering the facts and circumstances of the case we are of the considered view that the complainant is entitled to only for just and reasonable compensation.

         In the result the complaint is partly allowed.  The opposite parties are jointly and severally directed to refund the amount of Rs.439/- (Rupees four hundred and thirty nine only) being the cost of the Power Bank and also to pay a sum of Rs.5,000/- (Rupees five thousand only) as compensation and also to pay a sum of Rs.2,500/- (Rupees two thousand and five hundred only) towards litigation charges to the complainant within six weeks from the date of this order failing which the amount (Rs.439/- + Rs.5,000/-) will carry interest at the rate of 9% p.a. from the date of this order to till the date of payment.

        Dictated directly by the Member-I to the Assistant and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 25^th   day of  July   2016.

 

MEMBER-I                                                                    PRESIDENT.

Complainant’s side documents:

Ex.A1- 28.5.2015  - Copy of Reverse Logistics receipt.

Ex.A2- 23.7.2015  - Copy of Bank Statement of the complainant.

Ex.A3- 28.7.2015  - Copy of legal notice.

Ex.A4- 30.7.2015  - Copy of Postal Article Tracking Ack.

Ex.A5- 31.7.2015  - Copy of Postal Article tracking Acknowledgement.

Ex.A6- 13.5.2015  - Copy of purchase bill.

Opposite parties’ Exhibits:-

 

Exparte    .. Nil ..

 

 

MEMBER-I                                                                 PRESIDENT.