MR LAXMI NARAYAN PADHI, PRESIDENT…         The substance of case is that, the Complainant being allured by the attractive presentation of OP over his own website i.e. Rediff shopping, the complainant placed an order for combo of three electric Sweet Night Electric Insect fly mosquito killer cum Night Lamp bearing transaction No.23654332 on dated 14/10/2015 which was delivered to the complainant through blue dart courier on dt.20.10.2015 & 29.10.2015 on payment of a total amount of Rs.494/- through debit card of the complainant. But when the parcel opened by the complainant she found that the items Night lamps were found broken and are totally useless and even after one month of its hard use not a single mosquito is reported to be killed. The other item i.e. 12 Watt LED bulbs no doubt were in good condition at the time of deliver but after a week of its use, i.e. on 01.12.15 one of it is fused off and another bulb got fused on 13.01.2016. The complainant could not contact the rediffmail, but the seller were Homesaaz and Delhihaat, so she sent an email to the homesaaz on dt.11.01.16 with request to convey the grievance so put to the rediffshopping but till today no response from the side of OP. So the complainant inflicted mental tension, and financial losses due to the deceptive practices. So she prayed before the Forum to direct the OP.s to pay the price of alleged materials and a sum of Rs.20,000/- as compensation and Rs.5,000/- as cost of litigation for such unfair practice and deficiency in service on the part of OP.s.

2.         On the other hand the OP neither appeared nor filed his counter in the case, hence he set ex parte as contemplated in Sec.13(2)(b) of the C.P.Act.1986. The complainant has filed cash invoice of the alleged product. The complainant heard the case minutely at length, perused the record and submissions considered.

3.         The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.

4.         From the above submissions, it is found that the complainant had ordered the product in question on dt.14.10.2015 and the same were delivered to her on dt.20.10.2015 & 29.10.15 on payment of Rs.494/- and when the same opened from parcel, the complainant found defects & broken in the set. As the complainant could not search the address of OP, she approached one homesaaz & Delhihaat through email as they are working under the OP Company for necessary redressal of her claim, but the OP.s neither replied to her request nor replaced the products with new one despite of several requests. Considering the evidences, submissions by the complainant, we are of the view that, the products purchased by the complainant has inherent defect and the OP failed to redress the grievance of complainant. As thus the complainant sustained mental agony and inflicted financial losses due to the negligence and unfair practices of OP.s, hence she craves the leave of this forum and prayed for compensation.

5.         From the above discussions and perusing the submissions by the complainant, we have carefully verified the products in question placed by complainant and found defect and we are with a view that the products purchased by the complainant is substandard and 2nd quality, hence got damaged within a short period of its use. It is further noticed that, despite service of notice of this forum the OP neither did cared to appear nor filed any counter and failed to take any initiations to settle the matter with complainant, hence we feel that the action of OP is illegal, arbitrary and unfair which amounts to deficiency in service and hence found guilty under the provisions of the C.P.Act 1986, as thus the complainant is entitled for relief. Hence, we allowed the complaint against the OP with cost.

O  R  D  E  R

i.          The opposite party is hereby directed to pay the price of the set Rs.494/- (Four hundred & ninety four) only inter alia, to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.5000/- (Five thousand) towards cost of litigation to the complainant, for such deceptive practices, deficiency in service and willful negligence.

iii.        All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on 20th day of May' 2016.

                   Sd/-                                                      Sd/-

            MEMBER                                      PRESIDENT, DCDRF,

                                                                        NABARANGPUR.

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                           

the A/A for Ops / Complainant  :

Initial of the dispatcher.

                        Memo No_______________                          Dtd…………………………

                        Copy to the parties concerned.

                                                                                                PRESIDENT, DCDRF,

                                                                                                    NABARANGPUR.