2. Notices
Notice was issued from the Commission to the opposite party. The opposite party received the notice but did not file their version. Consequently, the opposite party is set ex-parte.
3) . Evidence
The complainant had produced 4 documents that were marked as Exhibits-A-1 and A-4.
Exhibit A-1. The copy of Invoice and order details.
Exhibit A-2. The copy of Mail communications
Exhibit A-3. The copy of Company’s profile
Exhibit A-4. The copy of some customer's feedback reviews.
4) The main points to be analysed in this case are as follows:
i) Whether the complaint is maintainable or not?
ii) Whether there is any deficiency in service or unfair trade practice from the side of the opposite parties to the complainant?
iii) If so, whether the complainant is entitled to get any relief from the side of the opposite parties?
iv) Costs of the proceedings if any?
5) The issues mentioned above are considered together and are answered as follows:
In the present case in hand, the complaint was filed under Section 35 of the Consumer Protection Act, 2019. As per Section 2(7) of the Consumer Protection Act, 2019, a consumer is a person who buys any goods or hires or avails of any services for a consideration that has been paid or promised or partly paid and partly promised, or under any system of deferred payment. The complainant had produced a copy of the invoice dt. 19.01.2021 issued by the opposite party. (Exhibit A-1). This document revealed that the complainant had paid the requisite consideration for the product to the opposite party. Therefore, we are only to hold that the complainant is a consumer as defined under the Consumer Protection Act, 2019. (Point No. i) goes against the opposite party.
The complainant had also produced a copy of the of E-Mail communications between the complainant and the opposite party. (Exhibit A-2).
Exhibit A-2 produced by the complainant is quoted here:
“As per legal opinion, I will release the damaged cum used product once the refund credited to my bank account only, since your action is prima face a deliberate cheating based on the product evidence mentioned in trail mail, As per your customer review, I assume you are rotating this scrap material to various customers as fresh product and looting money from them. So, I will keep the received material with me as an evidence in case you aren't refunded the money then I will produce it before court.”
E-Mail communications between the opposite party and the complainant. Exhibit A-2 produced by the complainant is quoted here:
“We are extremely sorry that you faced issue with us, I am arranging pickup of the product, once we receive the product, we will issue refund”
Notice was issued from the Commission to the opposite party. The opposite party received the notice but did not file their version. Consequently, the opposite party is set ex-parte.
We have also noticed that Notices were issued from the Commission to the opposite party did not file their version. Hence the opposite party set ex-parte. The complainant had produced 4 documents which are marked as Exbt.A-1 to A-4. But the opposite party did not make any attempt to participate in the above proceedings before this commission and did not make any attempt to set aside the ex-prate order passed against it. It was further stated that this illegal, arbitrary, and unjustified act of the opposite party amounted to deficiency in service, indulgence in unfair trade practice, and caused mental agony and physical harassment to the complainant.
The opposite parties’ conscious failure to file their written version in spite of having received the Commission’s notice to that effect amounts to an admission of the allegations levelled against them. Here, the case of the complainant stands unchallenged by the opposite party. We have no reason to disbelieve the words of the complainant as against the opposite party. The Hon’ble National Commission held a similar stance in its order dated 2017 (4) CPR page 590 (NC).
The opposite party had inadequately performed the service as contracted with the complainant and hence there is a deficiency in service, negligence, and failure on the part of the opposite party in failing to provide the Complainant desired service which in turn has caused mental agony and hardship, and financial loss, to the Complainant.
We find the issue Nos. (II), (III) and (IV) are found in favour of the complainant for the serious deficiency in service that happened on the side of the opposite party. Naturally, the complainant had suffered a lot of inconvenience, mental agony, hardships, financial loss, etc. due to the negligence on the part of the opposite party.
In view of the above facts and circumstances of the case, we are of the opinion that the opposite party are liable to compensate the complainant.
Hence the prayer is partly allowed as follows:
i. The Opposite Party shall refund Rs.1,449/- (Rupees one thousand four hundred forty nine only) towards the price of the wireless data card as per Exhibit A-1 invoice to the complainant.
ii. Opposite Party shall pay Rs.5,000 /- (Rupees five thousand only) as compensation for mental pain and agony sustained by the complainant on account of the deficiency in service by the opposite party.
iii. The Opposite Party shall also pay the complainant Rs.3,000/- (Rupees three thousand only) towards the cost of the proceedings.
The above-mentioned directions shall be complied with by Opposite Parties within 30 days from the date of the receipt of a copy of this order. Failing which the amount ordered vide (i) and (ii) above shall attract interest @9% from the date of receipt of a copy of this order till the date of realization.
Dictated to the Confidential Assistant Smt. K.P. Liji, transcribed and typed by her corrected by me and pronounced in the Open Commission on this the 30th day of March, 2023
Sd/-
D.B.Binu, President
Sd/-
V. Ramachandran, Member
Sd/-
Sreevidhia.T.N, Member
Forwarded/by Order
Assistant Registrar
APPENDIX
COMPLAINANT’S EVIDENCE
Exhibit A-1. The copy of Invoice and order details.
Exhibit A-2. The copy of Mail communications
Exhibit A-3. The copy of Company’s profile
Exhibit A-4. The copy of some customer's feedback reviews.
OPPOSITE PARTIES’ EVIDENCE
Nil
Despatch date:
By hand: By post
kp/
CC No. 75/2021
Order Date: 30/03/2023
