Complaint filed on: 09-06-2016                                                      Disposed on: 04-11-2016

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No. 80/2016

DATED THIS THE 4^th DAY OF NOVEMBER 2016

PRESENT

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT

SRI.D.SHIVAMAHADEVAIAH, B.A, LLB, MEMBER

SMT.GIRIJA, B.A., LADY MEMBER

Complainant: -

                                        Sri.Yogith

                                                S/o. Shivakumar,

                                                Residing at Dhanalakshmi Bank

                                                Building, 2^nd Floor, SIT College,

                                                Tumakuru citry-03     

 (Advocate by Sri.Ajay.T.N.)

V/s

Opposite parties:-    

1. The Manger,

M/s. EBAY PAYPAL BANGALORE,

8^th Floor, Tower-II, Pritech Park,

SEZ Eco Space Compus, RMZ ECO Space,  Internal Road, Adarsh Palm Retreat, Ballandur, Bengaluru city – 03

2. The Manager,

M/s. Sports Hubb,

Reg. Office, Backside Industrial Estate, Near Sunny Rubber Factory, Jalandhar-144004

Punjab State.

(OP No.1 and 2 - Exparte)

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

This complaint was filed against the OP No.1 and 2, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OP No.1 and 2 to take back the defective materials and to pay the entire bill amount of Rs.4,699=00 along with interest @18% p.a. from the date of receipt, till its realization and to pay Rs.50,000=00 towards mental shock and agony  along with interest @ 18% p.a. from the date of complaint till, its realization due to deficiency in service, in the interest of justice and equity.

2. The brief facts of the complaint is as under.

          The complainant submitted that, the 2^nd OP is the manufacturer of Sports Items under the name and style of “SPORTS HUBB” and the 1^st OP the authorized agent of the 2^nd OP firm.

          The complainant further submitted that, the 1^st OP offered to sell the products of 2^nd OP through online and the complainant showed his interest and accepted the offer made by the 1^st OP. Accordingly, on 18-12-2015 the complainant had placed an order to purchase the sports items through online i.e. Protoner-50 Kg’s with 8 in 1 bench home gym package with 4 rods and accessories, quantity-1, Item No.181920236933. 

          The complainant further submitted that, as per the order placed by the complainant, the 1^st OP ought to have supply the above materials, but the 1^st OP had supplied the item Sl. No.1 to 5 i.e. (1) Weight lifting rubber plates with bus, (2) Weight lifting Bench 8 in 1, (3) Weight lifting 5 feet straight road, (4) Weight lifting road 3 feet curl with locks and (5) Weight lifting Dumbell rods G.R.B.W.H GROP under invoice no.53577 dated 21-12-2015. The complainant believing the offers made by the 1^st OP, he had made payment of Rs.4,699=00 in favour of the 1^st OP and got received the above said materials.  

          The complainant further submitted that, after receipt of the said materials, he came to know that, the said materials were not having good quality of good sports and the 1^st OP had not offered such quality materials, thereby the 1^st OP has shown his breach of trade by sending low quality materials. Immediately, after receipt of the said materials, the complainant informed the said facts to the 1^st OP through email dated 8-1-2016 stating that the 1^st OP had sent the materials are not good quality and the same were different materials as offered by the 1^st OP and further he sought to arrange the good materials as offered by the 1^st OP but so far the 1^st OP did not choose to comply the said email thereby he shown his deficiency in service.

          The complainant further submitted that, while offering the said materials, the 1^st OP had offered, if the materials supplied by them are not satisfied, he is ready and willing to resend/replacement of the materials as per guarantee claim 1608466. Even inspite of several requests and demands made by the complainant, the 1^st OP did not choose to replace/resend the said poor quality materials. Thereafter, on 18-2-2016 the complainant got issued a legal notice to the Ops calling upon them to take back the said defective sports goods and to repay the bill amount. The said notice was duly served on the Ops, but the Ops have not chosen to comply the same, hence there is negligence and deficiency of service on the part of the Ops. Hence the present complaint is filed.      

3. After service of notice, the OP No.1 and 2 did not appear before the forum and they were called out absent and they have been placed ex-parte.

4. In the course of enquiry into the complaint, the complainant has filed affidavit evidence to support his case and also produced some documents which were marked at Ex.P1 to P15. We have heard the arguments of complainant side and pursed the documents and then posted the case for orders.

5. Based on the above materials, the following points will arise for our consideration.

1. Whether there was deficiency in service on the part of the OPs as alleged by the complainant?

2. What Order?      

6. Our answers on the above points are as under:

Point No.1:           In the Affirmative

Point No.2:           As per final order below

REASONS

7. Point no.1: The complainant has firmly stated oath in his affidavit that, the 1^st OP offered to sell the products of 2^nd OP through online and the complainant shown his interest and accepted the offer made by the 1^st OP. On 18-12-2015 the complainant had placed an order to purchase the sports items through online i.e. Protoner-50 Kg’s with 8 in 1 bench home gym package with 4 rods and accessories, quantity-1, Item No.181920236933.  As per the order placed by the complainant, the 1^st OP ought to have supply the above materials, but the 1^st OP had supplied the item Sl. No.1 to 5 i.e. (1) Weight lifting rubber plates with bus, (2) Weight lifting Bench 8 in 1, (3) Weight lifting 5 feet straight road, (4) Weight lifting road 3 feet curl with locks and (5) Weight lifting Dumbell rods G.R.B.W.H GROP under invoice no.53577 dated 21-12-2015. The complainant believing the offers made by the 1^st OP, he had made payment of Rs.4,699=00 in favour of the 1^st OP and got received the above said materials.  After receipt of the said materials, he came to know that, the said materials were not having good quality of good sports and the 1^st OP had not offered such quality materials, thereby the 1^st OP has shown his breach of trade by sending low quality materials. Immediately, the complainant informed the said facts to the 1^st OP through email dated 8-1-2016, but so far the 1^st OP did not choose to comply the said email thereby he shown his deficiency in service. While offering the said materials, the 1^st OP offered, if the materials supplied by them are not satisfied, he is ready and willing to resend/replacement of the materials as per guarantee claim 1608466. Even inspite of several requests and demands made by the complainant, the 1^st OP did not choose to replace/resend the said poor quality materials. On 18-2-2016 the complainant got issued a legal notice to the Ops. The said notice was duly served on the Ops, but the Ops have not chosen to comply the same, hence there is negligence and deficiency of service on the part of the Ops.

8. The OPs has not appeared before the forum to deny the evidence of the complainant and as such the evidence of the complainant stands undisputed and therefore the evidence of the complainant goes to unchallenged.  Based on the above, we have no legal impediment to disbelieve the say of the complainant that, he has established the deficiency in service on the part of OPs. Hence, there is negligence and deficiency in service on the part of OPs.  Accordingly, we answer point No.1 in the Affirmative.

9. Point No.2: In the result, the OPs are liable to pay the entire bill amount of Rs.4,699=00 to the complainant, if the OPs failed to pay the said bill amount, the OPs are liable to pay the said amount together with interest @ 9% p.a. from the date of complaint to till the date of realization. Further the complainant is entitled for the litigation cost of Rs.2,000/-.  In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint is allowed in part.  

The OP No.1 and 2 are jointly and severally directed to pay the entire bill amount of Rs.4,699=00 to the complainant, failing which, the OPs shall pay the said amount along with 9% interest per annum on the said amount from the date of complaint to till the date of realization.

The OP No.1 and 2 are jointly and severally directed to pay Rs.2,000=00 to the complainant towards cost of litigation.

          This order is to be complied by the OP No.1 and 2 within 30 days from the receipt of this order.

          Supply free copy of this order to both parties. 

          (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 4^th day of November 2016).

MEMBER                       MEMBER                       PRESIDENT