Content of the petition is that the complainant is a permanent inhabitant of Malda (WB) i.e. within the jurisdiction of the Hon’ble Commission. That the complainant purchased display and touch screen glass   combo from touch LCD House through e-commerce facility. That the complainant paid Rs. 4267/- on 26.04.23 to the O.P through digital transaction. That the complainant received packed product on 26.04.23 and after opening found the product was broken that the complainant tried to communicate the OP but in vain. So finding no other alternative the Complainant filed complaint against the OP before the Consumer Affairs and Fair Business practice. The OP did not appear before mediator of consumers affairs and fair business practices.  The OP neither replaced the product nor returned sum received by the OP. Due to deficiency in service the complainant is suffering from pecuniary loss beside mental agony.

That there after finding no other alternative the complainant filed this complaint before consumer forum for proper relief and complainant prays that and an order the directing OP to pay Rs. 4267/- price of the product to the complainant, Rs 50,000/ for mental agony and harassment, and Rs 25,000/- as  litigation cost.

It appears from case record that non- appears from OP /touch LCD house before this district commission after receiving the notice OP /LCD touch House has not taken any steps no written version has yet been filed by the OP /LCD Touch House. As a result the case is stated running exparte against the OP.

Complainant side submitted evidence in chief with some documents.Ld. Advocate for complainant has submitted WNA. Ld. Advocate for the complainant made oral argument in support of this case.

Decision with reasons

Evidently the complainant had purchased display and Touch House Combo from Touch LCD house win and complainant had purchased the product through e-commerce facility. This commission carefully perused the complaint and evidence in writing by the complainant. It is provide that there is deficiency in service on the part of the Op. Hence the complainant is entitled to get relief as prayed for Rs 4267 /- for price of product, Rs 50000/- for mental agony and harassment and RS 25000/- for litigation.

Hence Ordered

That the complaint petition be and the same is allowed with a direction to OP return Rs. 4267/- and Rs. 2000/- for harassment and mental agony. Complainant is directed to return the damaged product after receiving the paid amount.

Complainant is at liberty to put an execution of the final order of this commission as per provision of Consumer Protection Act 2019.

Let a copy of order be supplied free of cost on proper application.