Punjab

Sangrur

CC/1370/2015

Amit Singh - Complainant(s)

Versus

WS Retail Service Pvt.Ltd. - Opp.Party(s)

Shri Ritesh Jindal

07 Apr 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.  1370

                                                Instituted on:    21.10.2015

                                                Decided on:       07.04.2016

 

Amit Singh son of Shri Jagdish Singh, C/o KRBL Limited, Dhuri, Tehsil Dhuri, District Sangrur.

                                                        …Complainant

                                Versus

 

1.             WS Retail Services Private Limited, Bilaspur Pataudi Road, Near Bilaspur Chowk at NH-8, Opposite TATA Services Centre, Bilaspur (Haryana) through its Managing Director/Manager.

2.             WS Retail Services Private Limited, Registered Office: Ozone Manay Tech Park, No.56/18, B-Block, 9^th Floor, Garvebhaviplya, Hosur Road, Bangalore, through its Managing Director.

3.             Flipkart India Private Limited, Bilaspur Pataudi Road, Near Bilaspur Chowk at NH-8, Opposite TATA Services Centre, Bilaspur (Haryana) through its Managing Director/Manager.

                                                        …Opposite parties

 

For the complainant  :               Shri Ritesh Jindal, Adv.

For OPs                    :               Exparte.

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Amit Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant booked one HTC mobile set bearing model number Desire 526G with OP number 3 on their website on 2.6.2015 vide ID number OD103011963450601600 having a warranty of one year for any manufacturing defect due to poor workmanship.  Further case of the complainant is that the OPs despatched the said mobile set to the complainant vide invoice number BIL20150600021213 dated 3.5.2015, which was received by the complainant after making the payment of Rs.9615/- and the IMEI number of the mobile set is 357629066721890. It is further averred that in the month of July, 2015, the mobile set in question started to give the problem of battery back up, touch screen etc and as such, the complainant immediately lodged his complaint with OP number 3, who told the complainant to return the mobile set through courier and assured the complainant that they will return the amount of the mobile set within a week.  As such, the complainant returned the mobile set to OP number 3 through Trackon Courier Private Limited C/o M/s. Ved Enterprises, Satte Wala Pul, Branch Dhuri vide receipt number 4346660 dated 14.8.2015, but the complainant did not receive the amount from the Ops, despite the fact the complainant received number of emails dated 19.8.2015, 8.9.2015, 15.9.2015, 24.9.2015, 8.10.2015 and 12.10.2015 from OP number 3 from the OPs. It is further averred that the complainant approached the Ops so many times for refund of the amount, but all in vain. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the Ops be directed to refund him the purchase price of the mobile set i.e. Rs.9615/- along with interest @ 18% per annum from the date of its purchase and further claimed compensation and litigation expenses.

 

2.             Record shows that OPs did not appear despite service, as such OPs were  proceeded exparte on 28.12.2015.

 

3.             It is worth mentioning here that the OPs through their counsel Shri J.S.Sahni, Advocate filed an application on 18.2.2016 for setting aside the exparte order dated 28.12.2015, but the same was dismissed and the case was fixed for exparte evidence of the complainant.

 

4.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of bill, Ex.C-3 copy of courier receipt, Ex.C-4 to Ex.C-9 copies of emails and closed evidence.

 

5.             We have very carefully perused the complaint and heard the arguments of the learned counsel for the complainant. In our opinion, the complaint merits acceptance, for these reasons.

 

6.               Ex.C-2 is the copy of the invoice dated 03.06.2015 issued by OP number 1 to the complainant for sale of the mobile set in question for Rs.9615/-, which clearly proves that the complainant had purchased the mobile set and availed the services of the OP number 1.  It is further an admitted fact of the complainant that the mobile set in question suffered from defects, as such, he called upon the Ops, who told the complainant to send them the mobile set through courier and assured the complainant that they will return the due amount of the mobile set to the complainant, as is evident from the complaint as well as  affidavit of the complainant Ex.C-1 and the copies of emails Ex.C-4 to Ex.C-9. Ex.C-3 is the copy of the courier receipt vide which the complainant returned the mobile set in question to OP number 3.  It is worth mentioning here that the Ops remained to choose exparte as they did not appear before this Forum on the date fixed.  In the circumstances, we find it to be a clear cut case of deficiency in service by not refunding the due amount of Rs.9615/- to the complainant despite assurance of the Ops.

 

7.             In view of our above discussion, we allow the complaint of the complainant and direct OPs to refund to the complainant the amount of Rs.9615/- being the cost of the mobile set along with interest @ 9% per annum from the date of filing of the present complaint i.e. 21.10.2015.   The OPs shall also pay to the complainant an amount of Rs.3000/- in lieu of consolidated amount of compensation for mental tension and harassment and litigation expenses.

 

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

                Pronounced.

                April 7, 2016.

 

                                                (Sukhpal Singh Gill)

                                                     President

                               

 

                                                    (Sarita Garg)

                                                      Member