DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FAZILKA.
Complaint No. CC/98/2023
Date of Institution: 19.09.2023
Date of Decision: 30.08.2024
Sunita Rani aged 51 years W/o Ashwani Sachdeva S/o Ramji Dass, R/o St. No.2, Crossing 13th, New Suraj Nagri, Abohar-152116, Punjab , Cell No.94174-51612.
...Complainant
Versus
Unique Electronics, Main Jain Nagar Road, Opposite Airtel Office, Abohar-152116 through its Partner/Prop. /Auth. Signatory.
...Opposite Party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Quorum: Sh. Vishal Arora, President.
Sh. Raghbir Singh Sukhija, Member.
Present: Sh. Parkash Makkar, Counsel of Complainant.
Opposite party Exparte.
C.C. No.98 of 2023
ORDER
(Vishal Arora, President):
Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against opposite party for seeking directions to opposite party to refund cash back offer amount of Rs.10,000/- along with interest besides Rs.10,000/- as compensation on account of harassment, mental inconvenience & financial loss along with litigation expenses to the tune of Rs.5500/-.
2. Briefly stated, the case of complainant is that opposite party deals in electric goods under the name and style of Unique Electronics, Main Jain Nagar Road, Opposite Airtel Office, Abohar. It has been pleaded that complainant along with her daughter visited opposite party showroom on 02.11.2021 and purchased Samsung LED UA43AU7700 from opposite party who allured that the said products, if purchased through finance company will be free of EMI cost, no interest will be charged and also pitched attractive offers such as cash back offer etc. On the assurance of opposite party, complainant purchased the said product from opposite party financed by Bajaj Finance Ltd who issued invoice No.UNI-1337 dated 02.11.2021 and also given in writing regarding the cash back offer of Rs.14,475/- within 10 months. It has further been pleaded that complainant paid the amount of Rs.15,600/- online
C.C. No.98 of 2023
and remaining amount will be paid in 15 installments of Rs.2475/- (Total Rs.37,125/-). In this way, complainant has paid total amount of Rs.52,725/- to the opposite party. After passing of 10 months, opposite party only refunded Rs.4475/- to the complainant and remaining amount of Rs.10,000/- has not been refunded till today even after repeated requests of the complainant. And opposite party himself grabbed/usurped the amount of cash back offer, thus indulged in unfair trade practices with complainant and also mislead the company from whom said offers were given to the customer including maligning the reputation of the company. Due to illegal act, conduct and unfair trade practices of the opposite party, the complainant faced humiliation, mental/physical harassment and financial loss. Complainant many times requested opposite party to refund cash back offer amount of Rs.10,000/- along with interest and also to compensate the complainant. A legal notice dated 15.02.2023 was also issued to the opposite party in this regard but to no effect. Pleading deficiency in service and unfair trade on the part of opposite party, the complainant has prayed for acceptance of the present complaint. 3. The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 03.10.2023, complaint was admitted and notice was ordered to be issued to the opposite party.
4. As per office report, notice was issued to opposite party, but despite service, nobody appeared on behalf of opposite party either in person or
C.C. No.98 of 2023
through counsel, therefore, opposite party was proceeded against ex-parte vide order dated 07.12.2023.
5. The complainant along with the present complaint has placed on affidavit of complainant Ex C-1, Copies of, bill Ex C-2, hand written detail of opposite party Ex.C-3, account statement of financer Ex C-4, Legal Notice Ex C-5 and postal receipt Ex C-6.
6. We have heard exparte arguments of the learned counsel for the complainant and have also carefully gone through the record.
7. Since the opposite party despite service has not come present to contest the present complaint and opted to remain ex-parte, as such, the contentions and documents exhibited on record by the complainant have remained unrebutted and unchallenged. Complainant has placed on record unrebutted evidence and we have no reason to disbelieve the version put forward by the complainant.
8. The complainant in support of her claim besides her affidavit Ex C-1 has also placed on record bill Ex. C-2 vide which the LED in question was purchased by complainant from opposite party along with hand written detail of opposite party Ex.C-3 and statement of account of Bajaj Finance Ltd. Ex.C-4.
C.C. No.98 of 2023
9. From the bare perusal of hand written detail of opposite party, it is apparently clear that it was pitched to the complainant at the time of selling of LED in question that complainant needs to make advance payment of Rs.15,600/- and he will receive cash back of Rs.14,475/- thereby costing him Rs.1125/- (Rs15600-Rs.14475/-) plus he will be required to pay 15 instalments of Rs.2475/- each to the financer i.e. Rs.37,125/- (15 X 2475) thereby costing him the LED for an actual sum of Rs.38,250/- only. Detail mentioned in the hand written detail of opposite party Ex C-3 reads as under:
Sunita Rani
Advance : 15,600/-
Cashback : 14,475/- ________________
1125/-
2475X15 ; 37,125/- ________________
38250/-
On going through the statement of account of the complainant with Bajaj Finance Ltd. Ex C-4, it is clear on first page under the heading “ Loan Financial Summary as on 12 Sept 2023 that principal component due from the complainant was Rs.37,125/- which has been received by the
C.C. No.98 of 2023
financer and the instalment amount due from the complainant amounting to Rs.37,125/- has also been duly received by the financier from the complainant.
As per bill Ex.C-2, LED in question was sold by opposite party to complainant on 02.11.2021 for a total price of Rs.49,500/- and there is also a reference of advance of Rs.15,600/- on the bottom of the said bill.
10. From the pleadings and evidence led by the complainant, it stands established that a total amount of Rs.52,725/- has been charged from the complainant and refund of cash back of Rs.4475/- has only been made to the complainant by the opposite party against allurement of cash back of Rs14,475/- in hand written detail of opposite party thereby depriving the complainant from the remaining cash back of Rs.10,000/- for more than 2 ½ years which has not been refunded to the complainant till date. As such, the LED in question has actually costed the complainant for a sum of Rs.48,250/- against a sum of Rs.38,250/- which was mentioned in the hand written detail of opposite party which clearly amounts to unfair trade practice and deficiency in service on the part of the opposite party for which the complainant is liable to be suitably compensated.
11. In view of what has been discussed above, the present complaint is allowed ex-parte against opposite party with Rs.2000/- as
C.C. No.98 of 2023
consolidated compensation for deficiency in service/unfair trade practice, harassment, mental tension/agony suffered by the complainant and litigation expenses. The opposite party is further directed to refund the cash back of Rs.10,000/- within a period of forty five days from the date of receipt of copy of this order, failing which opposite party shall be liable to pay the awarded amount with interest @9% per annum from the date of purchase of L.E.D in question i.e.02.11.2021 till actual realization. Copy of order be issued to the parties free of costs. File be indexed and consigned to the record room.
ANNOUNCED IN THE OPEN COMMISSION:
30th Day of August, 2024.
(Vishal Arora)
President
(Raghbir Singh Sukhija)
Member
