C.C. No.132/2018

Santosh Kumar Swain,

S/o. Bijay Kumar Swain,

Vill./P.O.- Kothamula,

P.S.- Tirtol,

Dist.- Jagatsinghpur.                                                 ……………. Complainant

Amazon Seller,

G. No.341, T. Road,

Pin No.410501,

Chakan S.O                                                              .…..…          Opposite party

For Complainant………..Mr. N.C. Barik & Associates

Opposite Party………..Ex-parte

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                             JUDGMENT

            Complainant being assured by the advertisement of opposite party for sale and service of mobile phone put forth his order for supply of mobile MI A2 (Black 64 GB) for a consideration of Rs.16,999/- on 23.8.2018 through credit card transaction.

            The mobile set was duly delivered to complainant after which he found the product to be defective and after communication it was assured for exchange for which complainant returned the mobile set on 13.9.2018 by Regd. Parcel by paying Rs.94.40 to Deptt. of Posts and the weight of Parcel was 400 gram but no response from opposite party after receipt of the parcel though the parcel was delivered on 11.10.2018.

            Notice to opposite party was sent by Regd. Post on 04.12.2018 and none appears for opposite party and were set ex-parte on 03.01.2019. The matter was heard and reserved for orders on 02.8.2019 but order was not pronounced. Fresh notice to both parties was issued as per order dtd.02.11.2023. Heard the complainant on person opposite party is absent.

            The product is found to be defective for which the same has been returned within 20 days but no response from opposite party in spite of receipt of the defective product and no response even after our notice. From the sequence of fact and material available on record, we are convinced that opposite party has delivered a defective product on receipt of payment of Rs.16,999/- on 23.8.2018. As such the opposite party is held liable for selling a defective product and even after getting back the product no response even to the notice of this Commission and did not care to appear and give his explanation. We therefore direct that opposite party shall refund Rs.16,999/- with 8% compound interest from the date of paying/receipt i.e. 23.8.2018 till it is returned. The opposite party shall also pay Rs.5,000/- towards mental agony and Rs.2,000/- cost of litigation and for failure to pay the above amount as directed above, the opposite party shall pay Rs.100/- per day after 45 days of receipt of the order. Send copy to opposite party at the cost of complainant.        

            Pronounced in the open Commission on this 28^th Dec.,2023.