Orissa

Rayagada

CC/52/2016

Rajendra Kumar Choudhuri - Complainant(s)

Versus

You Deals - Opp.Party(s)

Self

11 Nov 2016

ORDER

            DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                         

                                            C.C. Case  No.52 / 2016.

P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Sri Gadadhara Sahu, B.Sc.                                    Member

            Rajendra Kumar Choudhury, DFO Office,4thLane,Near Ring Road, Po/Ps/Dist.             Rayagada,Odisha,765001..                                                                                                                                                                                                                 ………Complaint

                                                            Vrsus

 

YouDeals,Flat No.125,DDA Society,Sector 22,Dwarka,New Delhi,NCR 110077,India..                                                                                                                                                                                                    ……...Opp.Party

Counsel for the parties:

For the complainant: In Person

For the O.Ps:  Exparte

 

                                                            JUDGMENT

                        The facts of the complaint  in brief is that,  the complainant has purchased  one Aqua Grant Water Purifiers 11 Stage  from Opp.Party  with  an option for  payment  on cash on delivery and the same was s delivered at home of the complainant on 21.01.2015 through Blue Dart Courier Service and complainant paid Rs.5739/-  to the delivery boy of the OP and after two days the technician  of the OP  came to install the same  and when the parcel was opened   it was found that the item  was  found in a  damaged condition  and the complainant   informed the OP and claimed  through email and  in replay the OP  stated that return cannot be claimed as the duration for claiming  return is lapsed.   Hence finding no other option  the complainant  approach this forum and prayed to direct the O.p  to     refund the  purchased amount  and  claims compensation for mental agony   and cost of  litigation  and such other relief as the forum deem fit and proper .Hence, this complaint.

                                                     

                                 On being noticed, the Opposite Party  neither  appeared nor filed any written version and as    such the O.ps  were  set exparte and in absence of any written version from the Ops we  heard  the complainant and  give our findings.

                        Heard and perused the complaint petition and documents filed by the complainant and we accept the grievance of the complainant. The Complainant  argued that the O.P  has sold a damaged item  to the complainant and claimed that the O.p  caused deficiency in service and deprived of the complainant of enjoyment of the   which caused mental agony and harassment to the complainant.

We perused the documents filed by the complainant.  The  Water purifier was found damage  before installation   and   the complainant  informed the Op regarding the damage but the  OP    failed to replace the same and stated that  duration for claiming  return is lapsed . At this stage we hold that  when the water purifier was not installed and the complainant has  got  no opportunity to open the same as it   requires a technician to install the same  and when it was opened it was found damage , how the OP can say  that   the duration  for claiming return is lapsed  which is definitely unfair trade practice on the part of the OP  and  it can be presumed that  the OP has intentionally sold a damaged water purifier  to the complainant  and as such the complainant is entitled to get refund of the price of the article or to replace a new  one  and also the   complainant is entitled  and has a right to claim compensation and cost to meet his mental agony , financial loss.  In the instant case   it appears that the water purifier   which was purchased by the complainant  was found damaged when it was opened just two days of its purchase and the O.P failed to replace the same . It appears that the complainant invested  a substantial amount and purchased the water purifier   with an expectation to have the effective benefit of use of the article. In this case, the complainant was deprived of getting beneficial use of the article and deprived of using the water purifier. Hence, in our view the complainant has right to claim compensation to meet  his mental agony, financial loss. Hence,  it is ordered.

 

                                           ORDER

                        The  opposite parties  are directed to refund purchase amount of Rs.5739/-with 12% interest i.e. from the date of its purchase i.e. 21.01.2015 to till the date of its payment  and for causing mental agony and harassment the OP is  liable to pay monetary compensation of Rs.1,000/-  and

 cost of litigation of Rs.500/- to the complainant within one month from the date of receipt of this order, failing which Criminal proceeding will be initiated against the OP u/s 27 of  the C.P.Act,1986.    

            Pronounced in open forum today on this 26^th day of November,2016 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

            Member                                                                                               President

Documents relied upon:

By the complainant:

1. Copy of Money Receipts.
2. Copy of email to the OP
3. Copy of reply of the OP

 

 

 By the Opp.Party: Nil

 

                                                                                                           President