D.O.F:18/01/2023
D.O.O:30/06/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.15/2023
Dated this, the 30th day of June 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Sashi.M
Navabharath Books and Janasevakendram
Sana Building, Station Road,
Cheruvathur 671313 : Complainant
And
Vlebazaar Private Limited,
Plot No.4,
Numberdar Market,
Gtace Road Sec 28
Gurgaon, Haryana - 122002 : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts in this case is that the complainant ordered two products 1. Epson printer of price. 13299/- and STARTECK FM220U figer print device of price 2999/- from opposite party Vlebazaar in Pvt Ltd. On 19/01/2022 and paid the price of Rs. 16,298/-. But the opposite party failed to supply the printer intime. Hence the complainant demanded refund of the price of the printer on 30/07/2022. The complainant filed a complaint in the consumer helpline after several enquiry with opposite party. On 31/07/2022 the opposite party agreed to refund the price of the printer within 4,5 days but they have not refunded the money. Thereafter complainant came to know that the money is in the wallet, so the complainant ordered a ram of Rs. 1619/- with order no: 1936274 from opposite party. This time also opposite party is failed to deliver the product and no positive respons from their side. Hence the complainant is seeking a direction against opposite party to refund the price of the printer with a compensation of Rs. 1 lakh.
Notice to opposite party served, name of opposite party called absent set exparte.
The complainant filed proof affidavit in lieu of chief examination documents produced are marked as Ext A1 to A5. Ext A1 is the order history, Ext A2 is the reply from opposite party regarding refund, and Ext A3 is the consumer complaint, Ext A4 is order history, Ext A5 is grievance details.
The issues raised for consideration are:
- Whether there is any deficiency in service on the part of opposite party?
- Whether the complainant is entitled for relief?
- If so what is the relief?
For convenience issues No: 1,2, and three can be discussed together.
Here the complainant has given order for two products through online and paid the price. But he received only one product. After several phone calls with opposite party the complainant demanded refund of the price of the unserved product. After much efforts the price of the printer is shown in the wallet. So the complainant ordered a RAM of Rs. 1619/- from opposite party. That also is not delivered. Ext A1 to A5 proves the case of the complainant is true. In Ext A3 consumer complaint company remarked that your refund of Rs.13299/- will be done
from our side in 4-5 days. This remarks on the side of the company shows that they will refund the amount within few days. But it was not refunded as assured by the company. The opposite party is liable to pay Rs. 13,299/- to the complainant. Deficiency in service and unfair trade practice on the part of opposite party caused loss and severe mental agony to the complainant.
In the absence of rebuttal evidence complainant is entitled to get refund of Rs. 13,299/- from opposite party with compensation and cost. The complainant is seeking, compensation of Rs. 1,00,000/- from opposite party but the demand is without any basis. Considering the facts and circumstances of this case we are of the view that an amount of Rs. 10,000/- is a reasonable compensation in this case.
In the result complaint is partly allowed directing opposite party to refund Rs. 13,299/- with compensation of Rs. 10,000/- (Rupees Ten thousand only) along with a cost of Rs. 5,000/- (Rupees Five thousand only) to the complainant within 30 days of the receipt of the order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Invoice
A2- Order history
A3- Consumer complaint
A4-Order History
A5- Grievance details
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
