Punjab

Rupnagar

CC/16/20

Rajesh Kumar - Complainant(s)

Versus

E-Bay India Pvt. Ltd. - Opp.Party(s)

Sh. Manjeet Singh Nagra, Adv

06 Sep 2016

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                     Consumer Complaint No. :  20 of 01.04.2016

                                     Date of decision                     :      06.09.2016

 

 

Rajesh Kumar, aged about 40 years, son of Sh. Jethu Ram, Resident of House No.42, Type-II, Sector- I, Naya Nangal, Tehsil Nangal and District Rupnagar 

                                                        ......Complainant

                                             Versus

1. E-Bay India Pvt. Ltd, 14^th Floor North Block, R-Tech Park, Western Express Highway, Gore Gaon (East), Mumbai through its Managing Director

2. Rachaputi Vinay Babu, son of R. Mohan Rao, resident of 26/2/934, 5^th Cross Road, Jyothi Nagar, Vedapellem, Nellor, (Andhra Pradesh)- 524004.

3. T. Githanjali, resident of Door No.1/10/14/A, 3^rd Floor, Rajamani Chamber, Street No.08, Ashok Nagar, Hydrabad (Andhra Pradesh), 500020.   

                                                                                   ....Opposite Parties

 

                                        Complaint under Section 12 of the                                                            Consumer Protection Act, 1986

QUORUM

                             MRS. NEENA SANDHU, PRESIDENT

                             SMT. SHAVINDER KAUR, MEMBER

 

ARGUED BY

Sh. Manjeet Singh Nagra, Advocate, counsel for the complainant

Opposite Parties No.1 & 2  ex-parte

Complaint against the O.P. No.3 stands Dismissed as Withdrawn, vide order dated   08.07.2016

 

 

ORDER

                                       MRS. NEENA SANDHU, PRESIDENT

 

                   Sh.  Rajesh Kumar has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘the O.Ps.’).    

2.                         In brief, the case of the complainant is that on 21.12.2015, on the website of O.P. No.1, he participated in a bid for the purchase of LED television make Videocon, VKC 40FH012 12.1CM (40.2) full HD. He won the bid by bidding a price of Rs.20,400/- for the said television. Thereafter, O.P. No.1 informed him through its website that the said LED television will be shipped to him by the nitireb i.e. the seller i.e. O.P. No.2 after the receipt of the payment. Thereafter, he received a telephonic call from the O.P. No.2 and he provided the details of his account No.20261286005 with State Bank of India. The O.P. No.2 told him that there is another offer for him, that if he purchase two LED televisions of above mentioned description then the offer price of both the LED televisions shall be Rs.29,995/- and he accepted the offer. The O.P. No.2 provided him another account No.0297104000121934 with IDBI bank, which is in the name of O.P. No.3 and instructed him to deposit Rs.16,000/- in account No.20261286005 of State Bank of India and Rs.13,395/- in account No.0297104000121934 of IDBI Bank. As per the instructions of the O.P. No.2, he deposited above mentioned amounts in the account numbers provided by O.P. No.2 vide two separate receipts dated 22.12.2015 and 23.12.2015, respectively. Thereafter, on the website of O.P. No.1, it was flashed that the payment regarding the item is received. He contacted the O.P. No.1 and its officials assured him that he would received the item within a week. But after the expiry of 7-8 days, when he did not receive any of the above mentioned items, he contacted O.P. Nos. 1 & 2 but they put off the mater on one pretext or the other. The O.Ps. even did not bother to give reply to the legal notice issued by him. He prayed that complaint may be accepted and O.Ps. be directed:

1.                To deliver the above mentioned LED televisions to the complainant.

2.                To pay Rs.40,000/- as compensation on account of mental agony, physical harassment and financial loss suffered by him.

3.                To pay Rs.10,000/- as litigation expenses.

4.                Any other relief which this Hon’ble Forum deems fit, may also be granted in the interest of justice.  

 3.               None having appeared on behalf of O.Ps. No.1 & 2 , inspite of issuance of notices through registered A.D. cover, they were proceeded against ex-parte vide orders dated 10.06.2016. The learned counsel for the complainant has withdrawn the complaint filed against O.P. No.3, which was dismissed as withdrawn by this Forum, vide its order dated 08.07.2016.     

 

4.                On being called upon to do so, the complainant tendered affidavit of the complainant, Ex. C1, photocopies of documents Ex.C2 to Ex.C6 and closed the evidence.      

 

5.                We have heard the learned counsel for the complainant and gone through the record of the file carefully.

6.                The learned counsel for the complainant submitted that since the O.Ps., even after receipt of the requisite amount, have not delivered the LED televisions referred above to him. Therefore, they be not only direct to deliver the same but also be directed to pay compensation on account of mental agony and physical harassment suffered by him along with litigation expenses.

  From the receipts, Ex.C3 & Ex.C4, it is evident that complainant had deposited an amount of Rs.29,995/-, in the account numbers provided by the O.P. No.2. Inspite of receipt of requisite amount, the O.P. No.2 has not delivered the LED televisions referred to above, to the complainant. It may be stated that the complainant has purchased the said LED televisions from the O.P. No.2 i.e. seller through the website of O.P. No.1, therefore, it is vicariously liable for act and conduct of the O.P. No.2. Taking this fact into consideration, we are of the view that it is the liability of O.Ps. No.1 & 2 to deliver the LED televisions referred to above, to the complainant, but by not doing so, the O.Ps. No.1 & 2 have not only committed deficiency in service but they have indulged into unfair trade practice also. Due to the said act of the O.Ps. No.1 & 2, complainant must has suffered mental agony and physical harassment, therefore, they are liable to compensate the complainant on this account also along with litigation expenses.  

          In view of the aforesaid discussion, we allow the complaint and direct the O.Ps. No.1 & 2 in the following manner:-  

1.       To deliver two LED televisions, make Videocon VKC 40FH012, 12.1CM (4-.2) full HD, to the complainant.

          2.       To pay Rs.10,000/- as compensation.

          3.       To pay Rs.5000/- as litigation costs.

                   The O.Ps. No.1 & 2 are further directed to comply with the aforesaid order jointly and severally within a period of 45 days from the date of receipt of the certified copy of this order.

7.                The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file indexed & consigned to the Record Room.

 

ANNOUNCED                                                                       (NEENA SANDHU)

Dated 06.09.2016                                        PRESIDENT

 

                                                (SHAVINDER KAUR)

                                                                     MEMBER.