2. Notice was sent to the opposite party through e-mail and none having appeared for the Opposite Party, thus, the opposite party was proceeded against ex-parte vide order dated 09.06.2016.
3. Evidence of the complainant consists of his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-7.
4. We have heard the arguments and also gone through the file of the case.
5. In order to prove the contents of his complaint, complainant has filed his affidavit which is Ex.C-1/2. The Opposite party has confirmed receipt of payment vide e-mail dated 18.11.2015 titled as order confirmation which is Ex.C-5. So complainant is consumer of the Opposite party as he availed services of the Opposite party for consideration. Further complainant has placed on record e-mail of the Opposite party dated 23.11.2015 vide which it promised that his gift will be dispatched. Thereafter, complainant cancelled the order within lock in period of 10 days as per terms and conditions laid down by the Opposite party which is Ex.C-3. In view of terms and conditions Ex.C-3, the Opposite party is bound to refund the amount of complainant without any deduction as complainant has cancelled the order within lock in period of 10 days.
During arguments, complainant has admitted that the Opposite party has refunded his amount of payment on 12.01.2016. Now complainant seeks free gift, compensation for harassment and costs of litigation expenses from the Opposite party. As complainant has received refund from the Opposite party so the main issue has been resolved. As far as entitlement of free gift of laptop is concerned, the complainant is not entitled to it because he has cancelled his order and got refund. He will be entitled to free gift only if he would have availed services of the Opposite party after payment. As far as compensation for harassment and costs of litigation is concerned, he is entitled to it because the Opposite party has refunded the amount of payment after a delay of 60 days after filing of this complaint. So the Opposite party is directed to pay an amount of Rs.5,000/- (Rs. Five thousand only) as lump sum compensation including litigation expenses to complainant within 45 days failing which the Opposite party will be liable to pay 9% interest from the date of order till its actual payment.
The arguments on the complaint were heard on 24.08.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced.
August 31, 2016.
(A.P.S. Rajput)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
