Order dictated by:
Ms.Rachna Arora, Presiding Member
- Present complaint has been filed by Aaditya Kumar under section 12 of the Consumer Protection Act alleging therein that on 15.3.2018 he orders a Mini Mixer 2HP Motor Single Phase through online for personal use at village with the opposite party , copy of quotation of product is Ex.C-2. On 15.3.2018 complainant paid Rs. 10000/- and on 19.3.2018 complainant paid Rs. 23040/- through SBI online banking, copy of statement is Ex.C-3. But the opposite party did not delivered the product despite receipt of full amount after lapse of a period of one month. The complainant made too many calls to the opposite party but the opposite party did not give any satisfactory response. As such the complainant told the opposite party to cancel the order and refund the said amount . Subsequently the complainant made a complaint against the opposite party on India Mart (India’s largest online marketplace) on 17.4.2018. After so many efforts from complainant as well as from India Mart, opposite party deposited a cheque to India Mart in favour of complainant on 27.6.2018, copy of the same is Ex.C-6 . The cheque received by India mart was issued on back dated i.e. 4.4.2018 and the validity of the cheque was left with only 7 days. Before the cheque was received by the complainant it was expired and it is still with the India Mart. India Mart tried to return back the said cheque to the opposite party but opposite party did not respond to India Mart or the complainant. The act of the opposite party amounts to deficiency in service as well as unfair trade practice on the part of the opposite party. Vide instant complaint, complainant has sought for the following :-
- Opposite party be directed to refund the said amount with interest i.e. Rs. 33040/- + FD interest on one year .
- Compensation to the tune of Rs. 15000/- alongwith adequate litigation expenses may also be awarded to the complainant.
Hence, this complaint.
2. Opposite party did not opt to put in appearance despite service of notice, as such it was ordered to be proceeded against ex-parte vide order dated 20.3.2019.
3. Alongwith the complaint, complainant has filed his self attested affidavit Ex.C-1, quotation of product Ex.C-2, copy of statement of SBI online banking Ex.C-3, call details Ex.C-4, E-mail conversation with India Mart Ex.C-5, photo of expired cheque Ex.C-6.
4. We have heard the averment of the complainant and have carefully gone through the record on the file.
5. From the appraisal of the evidence on record, it stands proved on record that the complainant placed an order on 15.3.2018 for a Mini Mixer 2HP Motor Single Phase through online service, with the opposite party by paying an amount of Rs. 10000/- on 15.3.2018 and Rs. 23040/- on 19.3.2018 through SBI online banking, copy of amount paid through SBI online banking is Ex.C-3 (from page 14 to 16). It was the case of the complainant that opposite party did not delivered the product despite receipt of full amount after lapse of a period of one month. In this regard complainant made too many calls to the opposite party, copy of call details dated 14.3.2018 to 17.1.2019 is Ex.C-4 (page 17-22), but the opposite party did not give any satisfactory response. As such the complainant told the opposite party to cancel the order and refund the said amount . Subsequently the complainant made a complaint against the opposite party on India Mart (India’s largest online marketplace) on 17.4.2018 and sent emails dated 17.4.2018 to 14.1.2019 copy of the same is Ex.C-5 (page 23-32) . As such the opposite party deposited an expired cheque dated 4.4.2018 to India Mart in favour of complainant on 27.6.2018 and the validity of the cheque was left with only 7 days, copy of the same is Ex.C-6 . The cheque was still with the India Mart and India Mart tried to return back the said cheque to the opposite party but opposite party did not respond to India Mart or the complainant.
6. The evidence adduced by the complainant has gone unrebutted on record as opposite party, despite due service, did not opt to appear and contest the complaint and thereby the opposite party impliedly admitted the claim of the complainant, which further shows that the opposite party had no defence to offer for contesting the case of the complainant. The very fact that opposite party has not supplied the product as ordered by the complainant on 15.3.2018 by incurring an expenditure of Rs. 33040/-. However, on making several protest through India Mart (a largest market place) the opposite party issued an expired cheque dated 4.4.2018 with the validity period of 7 days, with India Mart on 27.6.2018. As such the opposite party firstly by not delivering the product as ordered by the complainant and secondly by sending an expired cheque dated 4.4.2018 with validity period of 7 days, on 27.6.2018 put the complainant in harassment mentally as well as financially for which the opposite party is liable to compensate the complainant besides making payment of Rs 33040/- which the complainant has incurred on placing an order for Mini Mixer 2 HP Motor single Phase. However, the complainant is liable to return back the expired cheque after taking the same from India Mart , to the opposite party.
7. In view of the above discussion we allow the instant complaint ex-parte with directions to opposite party to make payment of Rs. 33040/- to the complainant . The opposite party is also directed to pay compensation to the tune of Rs. 3000/- while litigation expenses are assessed at Rs. 2000/-, to the complainant. Compliance of the order be made within a period of 30 days from the date of receipt of copy of this order ; failing which, complainant shall be entitled to interest @ 9% p.a. on the amount of Rs. 33040/-from the date when the complainant deposited this amount i.e. 15.3.2018 till realization .Complainant is also directed to return back the expired cheque dated 4.4.2018 after taking the same from India Mart to the opposite party within 15 days from the date of receipt of copy of this order. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
