Tamil Nadu

South Chennai

CC/363/2016

T.Deeran Kumar - Complainant(s)

Versus

The Manager, Ebay India Pvt Ltd - Opp.Party(s)

N.Sanjeev Kumar, P.Murugesan

06 Mar 2018

ORDER

                                                                        Date of Filing :   08.10.2016 

                                                                        Date of Order :   06.03.2018

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

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

           DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II                              C.C.NO.363/2016

         TUESDAY THIS  6^TH  DAY OF MARCH 2018

 

T. Deeran Kumar,

No.1, 3^rd Main Road,

Age Colony, Velachery,

Chennai 600 042.                                               .. Complainant

 

                                        ..Vs..

The Manager,

Ebay India Private Limited,

14^th Floor, North Block, R-Tech Park,

Western Express Highway,

Goregaon (East),

Mumbai 400 063,

Maharashtra (India)                                 .. Opposite party.

 

Counsel for Complainant      :    Mr. N. Sanjeev Kumar      

Counsel for opposite party   :    Exparte.

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to refund a sum of Rs.5860/-and also to pay a sum of Rs.25,000/- as compensation for mental agony and to pay cost of the complaint.

 

 

1. The averment of the complaint in brief are as follows:

        The complainant submit that he has ordered  Fat 2 FIT Home Gym set 55 kg Rubber plate, 9 in 1 bench with Bicep and twister on 18.5.2016 Order No.ID 42629073270 and paid a sum of Rs.5860/- through on line.  The opposite party through email informed that the above said Gym will be delivered on or before 5.6.2016.  The above said items was not delivered.  The complainant approached the opposite party repeatedly.  But there was no proper response.  Hence the complainant decided to cancel the order and claim back the amount paid as advance.  On opening the email reference No.2051350 it is seen that he has not received the claim amount paid by him till date.   Hence the complainant issued legal notice  dated 11.7.2016 but the opposite party has not given any reply.  As such the act of the opposite party is amount to deficiency in service which caused mental agony and hardship to the complainant.

2.     Inspite of receipt of notice the opposite party  did not appear before this forum and therefore the opposite party was  set exparte.  

3.     Though the  opposite party  remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

4.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A6 are marked. 

5.   The points for the consideration is:

1. Whether the complainant is entitled to get refund a sum of Rs.5860/- as prayed for ?

2. Whether the complainant is entitled to a sum of Rs.25,000/- towards compensation for mental agony with cost as prayed for ?

6.  POINTS 1 & 2:

        The complainant filed written argument.  Perused the records (viz) complaint, proof affidavit and documents.   The opposite party remained exparte.   The complainant pleaded and contended that he has ordered  Fat 2 FIT Home Gym set 55 kg Rubber plate, 9 in 1 bench with Bicep and twister on 18.5.2016 Order No.ID 42629073270 and paid a sum of Rs.5860/- through on line.  The opposite party through email informed that the above said Gym will be delivered on or before 5.6.2016.  since  the items was not delivered  the complainant approached the opposite party repeatedly.  But there was no proper response.  Hence the complainant decided to cancel the order and claim back the amount paid as advance.  On opening the email reference No.2051350 it is seen that he has not received the claim amount paid till date.  Hence the complainant issued legal notice Ex.A5  dated:12.7.2016 for which also the opposite party has not given any reply.  Hence the complainant is constrained to file this complaint for deficiency in service and unfair trade practice of the opposite party.    Considering the facts and circumstances of the case this forum is of the considered view that  the  opposite party shall refund a sum of Rs.5860/- with interest at the rate of 9% p.a. from the date of this complaint (i.e) 8.10.2016 to till the date of this order (i.e) 6.3.2018 and also shall pay compensation of Rs.5,000/- for mental agony with cost of Rs.2,000/- and the point are answered accordingly.

In the result the complaint is allowed in part.  The  opposite party shall refund a sum of Rs.5860/- ( Rupees five thousand eight hundred and sixty only) with interest at the rate of 9% p.a. from the date of this complaint (i.e) 8.10.2016 to till the date of this order (i.e) 6.3.2018 and also shall pay compensation of Rs.5,000/- (Rupees Five thousand only)  for mental agony with cost of Rs.2,000/-  (Rupees two thousand only) to the complainant.

The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

          Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  6th  day  of  March  2018. 

 

MEMBER-I                           MEMBER-II                           PRESIDENT

Complainant’s side documents:

Ex.A1- 18.5.2016  - Copy of email order confirmation id.

Ex.A2- 3.6.2016    - Copy of email of shipment detail.

Ex.A3- 29.6.2016  - Copy of email claim.

Ex.A4- 6.6.2016    - Copy of email claim rejecting.

Ex.A5- 12.7.2016  - Copy of legal notice.

Ex.A6- 12.7.2016  - Copy of postal ack.

Opposite party’s side document: -         Nil

 

MEMBER-I                           MEMBER-II                        PRESIDENT