Punjab

Sangrur

CC/490/2019

Yash Paul Bushra - Complainant(s)

Versus

Transdeals - Opp.Party(s)

Sh. Azadvinder Ashta

14 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

                                                                        Complaint No. 490

 Instituted on:   10.09.2019

                                                                         Decided on:     14.03.2024

 

Yash Paul Bushra Advocate aged about 51 years son of Shri Dev Raj, Chamber No.127, District Courts, Sangrur 148001.

                                                          …. Complainant.     

                                                 Versus

Transdeals, 45/9, 1^st Floor, Ashok Nagar, Tilak Nagar, New Delhi through its Manager 110015.

             ….Opposite party 

For the complainant          : Shri  Azadwinder Ashta, Adv.              

For OP                               : Exparte.

 

Quorum                                           

Jot Naranjan Singh Gill, President

Sarita Garg, Member

Kanwaljeet Singh, Member

 

ORDER

SARITA GARG, MEMBER.      

1.             Complainant has filed this complaint against the opposite party pleading that agent of the OP approached the complainant through telephonic call on 07.09.2018 and the agent of the OP made offer to the complainant that if the complainant purchases their product namely Celebrate Holidays Stay Healthy, then on the booking of different hotels, the complainant will get heavy discount and also get heavy discount on tourism area. Further case of complainant is that the agent of the OP also assured the complainant that there are health care benefits also in the said product. Further case of complainant is that agent of the OP asked the complainant on phone that if the complainant purchases the said product by paying the amount of Rs.8450/-, then the OP will give two benefits i.e. original wrist watch of United colour of Benetton alongwith one gents purse of same brand with the pack. 

2.             Further case of complainant is that believing the version of the agent of the OP, the complainant purchased the said product and paid an amount of Rs.8450/- and in this regard the mobile message has also been received by the complainant, as the complainant make payment on the advise of agent of the OP Genisis Programme Consultancy Private Limited. The OP also issued customer card to the complainant in the said box and the card number is 99-91964 and the same is valid upto September 2019.  After receiving the said box, the complainant opened the same and shocked to see that the product in the box i.e. wrist watch and gents purse are not original one and the same are lower grade product/cheap product, which are easily available in the market at very low price. Due to that the complainant lost his faith from the product and the parcel is in the safe custody of the complainant. Message of receiving the payment to the complainant was sent by the OP on his mobile phone. The OP also sent email to the complainant to send back the product to settle the issue. After receiving the said emails sent by the OP to the complainant, the complainant sent the product to the OP through courier on 9.5.2019. Further case of complainant is that thereafter the complainant got served a legal notice upon the OP on 6.3.2019 and called upon the OP to refund the said amount of Rs.8450/- alngwith interest @ 12% per annum from the date of purchase till realization and also to collect the said box from the complainant, but all in vain.  Lastly, the complainant has prayed that the OP be directed to refund to the complainant the amount of Rs.8450/- alongwith interest @ 12% per annum from the date of purchase till realization and also collect the said box from the complainant and further to pay Rs.50,000/- as compensation on account of mental agony, tension and an amount of Rs.5500/- as  litigation expenses.

3.             Record shows that opposite party was proceeded against exparte on 26.04.2022.

4.             The learned counsel for the complainant produced Ex.C-1 affidavit, Ex.C-2 copy of message received on the mobile set, Ex.C-3 copy of box, Ex.C-4 copy of membership card, Ex.C-6 copy of instruction book, Ex.C-7 copy of gents instruction book, Ex.C-7 copy of gents purse, Ex.C-8 copy o watch, Ex.C-9 copy of screen short, Ex.C-10 copy of legal notice, Ex.C-11 copy of postal receipt, Ex.C-12 copy of courier receipt and closed evidence.

5.             In the present case, the only dispute between the complainant and the OP is that the products received from the OP i.e. wrist watch and gents purse were not original one, as such the complainant requested the OP to refund the cost of the same i.e. Rs.8450/- as the products were not original one.  Ex.C-2 is the copy of SMS showing receipt of payment of Rs.8450/- by the OP, Ex.C-3 is the copy of pamphlet, Ex.C-4 is the copy of card in question, Ex.C-5 is the photocopy of the product. Further Ex.C-9 is the copy of e-mail sent by the OP whereby the OP called upon the complainant to return back their welcome kit to their address and further assured that as soon as they will receive the courier, they will refund the amount to the complainant within a week.  Further Ex.C-9 (second page) shows that the complainant sent the courier to the OP on 8.5.2019  but the amount of Rs.8450/- was not refunded to the complainant despite serving of legal notice dated 6.3.2019, a copy of which on record is Ex.C-10 and Ex.C-11 is the postal receipt.  Whole of the evidence is unrebutted and corroborated by the sworn affidavit of the complainant Ex.C-1. In the circumstances of the case, we find that the OP has failed to refund to the complainant the amount of Rs.8450/- despite the fact the complainant has already returned the products to the OP through courier on 08.05.2019. Accordingly, we find it to be a clear cut case of deficiency in service by not refunding the due amount of Rs.8450/- to the complainant.

6.             In view of our above discussion, we allow the complaint and direct OP to refund to the complainant an amount of Rs.8450/- alongwith interest @ 7% per annum from the date of filing of the present complaint i.e. 10.09.2019 till its realization in full. We further direct OP to pay to the complainant an amount of Rs.5,000/- as compensation for mental tension, agony and harassment and litigation expenses. 

7.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

8.             This order of ours be complied with within a period of sixty days of its communication. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

Pronounced.

                        March 14, 2024.