Delhi

North East

CC/86/2023

Sh. Lalit Kumar - Complainant(s)

Versus

Vle Bazaar Pvt. Ltd. - Opp.Party(s)

29 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.86/23                                  

In the matter of:

 

	Sh. Lalit Kumar S/o Sh. Prem Narayan Singh R/o B 5/72 Dayal Pur, Delhi-110094	Complainant
	Versus
	VleBazaar Pvt. Ltd. CIN U72300DL2015PTC277604 Plot No. 4, Numberdar Market, Grace Road Sec28 Gurgaon, Haryana 1220002	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

28.03.23 14.02.24 29.04.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

 

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1.  The case of the Complainant as revealed from the record is that the Complainant ordered a printer Model no. L565 from website of Opposite Party dated 07.02.22 and paid Rs. 15,999/- online through credit card. Thereafter website shows that the printer was dispatched on 10.02.22 to 12.02.22 but on said dates printer was not supplied by Opposite Party. Thereafter Complainant approached customer care of Opposite Party and enquired about the order and Opposite Party replied that order may be delivered in 2-3 days. After waiting 7-8 days Complainant cancelled the order on dated 21.02.22. Thereafter Complainant again enquired for the refund and Opposite Party replied that the amount will be credited in Complainant account. It is stated that on 16.06.22 Opposite Party created a wallet in name of Complainant on their online shopping website and deposited the amount in that wallet. Thereafter Complainant decided to purchase some other products which include one mobile phone and ear phone of Rs. 15,599/- + 375/-  = 15,974/- from the existing amount available in the wallet created by Opposite Party. Thereafter again Opposite Party show through their online portal that the items will be dispatched from 07.02.23 to 09.02.23 but till date Complainant did not receive the items from Opposite Party company. Hence, this shows deficiency in service on behalf of Opposite Party. The Complainant has prayed to direct the Opposite Party for refund of Rs. 15,999/- and he has also prayed for Rs. 1,50,000/- towards mental harassment.
2. None has appeared on behalf of the Opposite Party despite service of notice to contest the case. Therefore, Opposite Party was proceeded against ex-parte vide order dated 01.06.23.

 

 

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant and we have also perused the file. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed.  The Opposite Party is directed to refund the amount of Complainant of Rs. 15,999/- to the Complainant with interest @ 9 % p.a. from the date of filing the complaint till recovery. The Opposite Party is further directed to pay Rs. 10,000/- to the Complainant  on account of mental harassment along with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 29.04.24.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)	(Adarsh Nain)	(Surinder Kumar Sharma)
(Member)	(Member)	(President)