THANE ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

Room No.428 and 429, Konkan Bhavan Annex Building, 4^th Floor,

C.B.D. Belapur, Navi Mumbai- 400 614

Consumer Complaint no: 90/2022

Complaint Filed on:21/04/2022

   Final Order on :23/09/2022

Nandkishor Gangaram Porwal

Age-72 years, Occ-Retired/ Senior Citizen,

R/at- B-80, Kendriya Vihar,

Sector no.-08, Seawoods (w)

Navi Mumbai-400 706                                          ………. Complainant

V/S

VLE Bazaar, Online Shopping  Plateform          

VLE Bazaar , Plot No-4 ,

Numberdar Market , Grace Road ,

Sector-28, Gurgaon – 122002                                …………. Respondent

BEFORE: HON’BLE PRESIDENT IN-CHAGRE SHRI.R.P. NAGRE                   HON’BLE MEMBER SMT. G. M. KAPSE

    HON’BLE MEMBER SMT. S. A. PETKAR

ADVOCATE ON RECORD:

For Complainant: Inperson

For Respondent: Ex-parte

J  U  D  G  M  E  N  T

(Decided on 23/09/2022)

HON’BLE HON’BLE MEMBER SMT. G. M. KAPSE

1. This is an action under Section 35(1)(a) of Consumer Protection Act, 2019 the briefly stated case is as follows:
2. The Complainant is retired senior scientific officer from Bhaba Atomic Research Centre. Thus, he is senior citizen.
3. The Respondent is private online shopping company / portal dealing with online shopping of various brands like Amazon & Flipkart.
4. The Complainant had served as a scientist having had many more publications in the field of science.
5. Consequently, he has in need of good brand printer. Therefore, on 25/01/2020 to through VLE bazar.in had placed order of Brother DCP-B7500D multifunction monochrome laser printer for Rs.14,499/- by making online payment vide exhibit -2.
6. The Respondent has agreed to give delivery within 5 days from the date of order viz. on or before 30/01/2022 as eloquent from exhibit-2. Further it is the contention that, on time delivery is not made. Hence, enquiry thereto was made by making phone calls. Therefore, the Respondent informed on the plea that there being shortage of product; hence, shown in ability and instructed to cancel the order. Accordingly, the said order was cancelled on 19/02/2022 by praying to refund the paid amount. However, Respondent will fully avoided to do so and thereby had compelled the Complainant to suffer mental agony and gross inconvenience in his task of printing paper for publication having international credit thereto. Hence, the Complainant constraint to file the present complaint with following prayers:
   1. To refund the paid amount of Rs.14,999/-with 18% interest.
   2. To paid compensation of Rs. 15000/- towards mental torture and Rs. 5000/- towards litigation costs.
7. The Complainant has placed reliance on true copies of following documents:

1. Payment SBI
2. Order history – booking- delivery- cancellation order
3. Complaint made to VEL Bazar
4. Showing that Product is in stock of VLE bazar

8. The Respondent has been duly served with the notice of the case by RPAD, but absented; hence ex-parte order followed on 26/07/2022.
9. The Complainant filed her evidence affidavit, written argument and filed pursis for oral argument.
10. Thus, on the contentions of Complainant, following points arise for determination on which we record findings with the reasons given below:

REASONS FOR FINDINGS

As to Point no.1 to 3

11. As the case proceeded ex-parte the evidence of the Complainant remained unchallenged. Thus, the oral evidence has staunch support of the documentary evidence viz. online payment of Rs.14,999/-as eloquent from exhibit-2.i.e statement and receipt. On the plea of acute shortage the Respondent has informed the Complainant about the shortage of subject printer however, at the time of placing the order it was in stock as eloquent from exhibit- 4 Thus, the Respondent found to have malafide caused  the Complainant to cancel the order on the false plea  of acute shortage of subject printer.

12. It is not disputed that the Complainant is retired research scientist from Bhabha Atomic Research Centre. He had good reputation about having had international importance paper publication in the field of science.

13. The Complainant was in need of subject printer for printing further papers in the field of science. Thus, he being author of various papers having International Publication supply of printer was dier; hence time was essence of contract. Thus, as per exhibit-2 order of the printer delivery was to be made within 5 days with on or before 30/01/2022.

14. However, on the plea of the shortage of the subject printer. The Complainant was informed to cancel the order; accordingly, it was cancelled on 19/02/2022 by making prayer to refund entire paid amount. However, the Respondent having had will fully avoided to refund the paid amount found to have compel to the Complainant to knock the door of this Commission for refund of the amount with interest, compensation towards mental torture & litigation costs.

15. The Complainant has claim 18% interest p.a on the paid amount from the date of its payment till the realisation. However, considering the rate of interest as per the norms of RBI and Negotiable Instrument Act payment of 12% interest would meet the ends of justice.

16. The rest of claim as to compensation of Rs.15,000/- towards mental torture and Rs.5,000/- towards costs of litigation. The claim found to be most reasonable hence deserves to be allowed. Hence, we have answered the findings on all the points accordingly and proceed to pass following order.

FINAL ORDER

1. The Consumer Case no.90/2022 is hereby partly allowed.
2. That Respondent do pay the amount of Rs.14,999/- with 12% interest from 25/01/2022 till its realisation full realisation.  
3. The Respondent do pay the amount of Rs.20,000/- to the Complainant towards compensation towards mental torture and litigation costs.
4. The above said order be complied within the 30 days from the order.
5. The copy of order be sent to both the parties free of costs.

Place: Navi Mumbai

Date:23/09/2022

                Sd/-                                  Sd/-                                 Sd/-

 (SMT. G. M. KAPSE)         (SMT. S.  A. PETKAR)       (SHRI.R.P. NAGRE)

       MEMBER                            MEMBER              PRESIDENT IN-CHARGE

THANE ADDITIONAL DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,