BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 110 of 2022
Date of Institution: 04.02.2022
Date of Decision: 17.01.2023.
Mr. Anil Kumar son of Sh. Devi Lal, aged about 30 years, resident of Kanganpur Road, Bharat Nagar, Gali No. 1/10, Sirsa, Haryana. ………Complainant.
Versus
Touch LCD House 402 First Floor, Rajindra Jaina Tower, Wazirpur Commercial Complex, Near Shalimar Bagh Metro, Behind Petrol Pump, New Delhi- 110052, India.
……… Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR………. PRESIDENT
SMT. SUKHDEEP KAUR……………..MEMBER
SH. OM PARKASH TUTEJA… ……….MEMBER
Present: Complainant in person.
Opposite party already exparte.
ORDER
In brief, the case of the complainant is that on 25.05.2021 complainant approached the opposite party (hereinafter referred as OP) through online website to purchase a Mobile Folder in the name of complainant. The complainant after booking the above mentioned product from op concern completed with all the online procedure in respect of the payment of Rs.3050/- of the aforesaid product. That complainant after getting completed with all the online procedure received an order confirmation vide order no.318477, wherein it was mentioned that the order will be delivered within two three days. It is further averred that despite payment of Rs.3050/-, the complainant has not received the ordered product within the expected date and even the op concerned has failed to deliver the product after the expected date of delivery date and has caused mental stress and harassment to the complainant. That despite his several requests to the op, neither op has refunded the amount nor delivered the product and has adopted unfair trade practice. Hence, this complaint.
2. Notice of the complaint was issued to the opposite party and initially op appeared through counsel but did not file any written version despite availing several opportunities and as such defence of op was struck of. Thereafter, ultimately none appeared on behalf of op and therefore, op was proceeded against exparte.
3. Complainant has tendered copies of documents i.e. legal notice Ex.C1, message regarding successful of payment of Rs.3050/- Ex.C2, adhar card Ex.C3.
4. We have heard complainant and have perused the case file carefully.
5. It is proved on record from message Ex.C2 that on 25.05.2021 complainant made online payment of Rs.3050/- to the opposite party for purchase of product in question from op. The pleadings of the complainant that neither op delivered the product in question to the complainant nor refunded the above said amount to the complainant remained unrebutted and unchallenged as despite appearance op failed to file any written version and ultimately opted to be proceeded against exparte. Even the complainant got served a legal notice to the op, the copy of which is also placed on file by complainant as Ex.C1. The evidence of complainant also remained unchallenged and unrebutted. Therefore, it is proved on record that neither the product in question was delivered to the complainant nor amount of Rs.3050/- was refunded back to the complainant by the op.
6. In view of our above discussion, we allow the present complaint and direct the opposite party to refund the amount of Rs.3050/- to the complainant. We also direct the op to further pay a sum of Rs.5000/- as compensation for harassment to the complainant. The op is liable to comply with this order within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the above said amounts alongwith interest @6% per annum from the date of this order till actual payment. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated: 17.01.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
