CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.143/2014
Sh. Rahul Baswal
R/o JA-8, Khirki Extn.,
Malviya Nagar,
New Delhi-110017 ……Complainant
Versus
Thirdeyetechnologies
115 st. no.3,
West Kanti Nagar,
Delhi-110051 ……Opposite Party
Date of Institution : 02.04.14 Date of Order : 07.11.15
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that on 05.02.2014 he had purchased 8 ch DVr with 8 audio, HDMI supported with free ddns services life time vide invoice No. 1013 with one year warranty from the OP. The payment of Rs.5,000/-was made by him to sales man Mr. Abhishek Aggarwal. The product was delivered with a guarantee that if case of any problem, his call will be attended immediately. The DVr started giving trouble after few days. He requested the OP to replace the DVr as it was in warranty period but the OP refused to replace the same. He requested the OP to repair it atleast but OP denied and started avoiding and misbehaved with him. He was in acute shock and felt deceived. Therefore, OP has committed a deficiency in service and unfair trade practice with dishonest and malafide intention. Pleading deficiency in service the Complainant has prayed as under:-
- Direct the OP to give the Complainant Rs.5,000/- with interest @ 24%.
- Direct the OP to pay compensation of Rs.50000/- towards mental agony and harassment.
- Direct the OP to pay a sum of Rs.15,000/- as litigation charges.
Vide order dated 21.08.2014 OP was proceeded exparte
Complainant filed his exparte affidavit by way of evidence and written arguments. We have gone through the file very carefully.
Complainant has brought on record invoice dated 05.02.2014 showing that he had purchased 8 ch DVr with 8 audio, HDMI supported, with free ddns services lifetime with one year warranty for a sum of Rs.5,000/ from OP (Copy annexure-A for the purpose of identification). Complainant has further brought on record a copy of email dated 08.03.2014 showing that he has requested OP to refund at least Rs.4,500/- against the price of Rs.5,000/- (copy annexure-B for the purpose of identification).
The OP has the knowledge about the filing of the complaint but has not chosen to contest it.
The averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant. Therefore, we hold OP guilty of deficiency in service.
We allow the complaint and direct the OP to refund Rs.5,000/-, the price of the goods. OP is also directed to pay a sum of Rs.2,000/- for harassment and mental agony undergone by the Complainant including cost of litigation.
The order shall be complied with within 30 days of receipt of this order failing which the OP shall become liable to pay interest @ 6% p.a. from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 07.11.15.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Case No. 143/14
07.11.15
Present – None
Vide our separate order of even date pronounced, the complaint is allowed and the OP is directed to refund Rs.5,000/-, the price of the goods. OP is also directed to pay a sum of Rs.2,000/- for harassment and mental agony undergone by the Complainant including cost of litigation. The order shall be complied with within 30 days of receipt of this order failing which the OP shall become liable to pay interest @ 6% p.a. from the date of filing of the complaint till realization. Let the file be consigned to record room
(NAINA BAKSHI) (N. K. GOEL) MEMBER PRESIDENT
