DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)

                                    Consumer Complaint No. 524 of 2017

                                                Date of institution:  19.07.2017                                                  Date of decision   :  21.06.2021

Balwant Rai Verma son of Late Nand Lal c/o Kirti Medicos T Point, Landran, District SAS Nagar Mohali.

…….Complainant

Versus

Shopit India (AMSA Enterprises) F-172, Sector 149, Noida, District Gautam Budha Nagar U.P.

                                                      ……..Opposite Party

           Complaint under Consumer Protection Act.

Quorum:    Shri Sanjiv Dutt Sharma, President.

                Shri Inderjit, Member

Present:     Complainant in person.

                OP Ex-parte.

Order dictated jointly by :-  Shri Sanjiv Dutt Sharma, President and Shri Inderjit, Member

Order

                The present order of ours will dispose of a complaint under Consumer Protection Act, filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Party (hereinafter referred as ‘OP’ for short) on the ground that the CC had received a call on 17.01.2017 on his Mobile No.9876739447 from the OP (Shopit India), who offered deal of the day (five items namely one Laptop Bag, one pair of shoe, one belt, one electric trimmer, one double bed sheet and one power bank) alongwith one free gift of any electronic item on payment of Rs.9,999/-. The CC accepted the offer and paid Rs.9,999/- accordingly vide transaction through his credit card. The CC was assured  by the OP that he will be receiving a Lenovo Laptop G-50 80 within few days on activation of his membership card.  It is further averred that immediately one more call was made to the CC by the OP,  asking him that if the CC wants another electronic item for Rs.9,999/- . As his first order was approved within 24 hours, therefore, the CC accepted the second offer also and made another transaction of Rs.9,999/-  in favour of the OP for One Plus T-3 mobile.  It is alleged that the OP sent courier to the CC containing one pair of cheap shoe, one cheap bed sheet, one laptop bag, a belt and was  also told that his membership card is under activation and on activation the CC will get his laptop and mobile and additional gift items.  The CC kept on waiting for many months but nothing was sent. On 13.02.2017 the CC received another courier from the OP containing an electric press and electric kettle. It is further averred that the OP later told the CC on 14.03.2017 that the CC had to pay card activation charges to the tune of Rs.8,999/- which  was also paid by the CC. On 18.03.2017 the CC received another email that his products will be dispatched after verification and verification team will call the CC anytime from Monday to Saturday. Thereafter, the OP sent to the CC one “FM Player” with 2 speaker sets which were never ordered by the CC, but till date the CC has not received the laptop and the mobile.  The CC submitted online complaint with the Department of Consumer Affairs on 18.04.2017 which was registered vide No235705. Then on 28.05.2017 the CC received another call from the OP asking him to pay insurance charges of Rs.1850/- for Lenavo Laptop and One + 3T Mobile and assured that the CC will get the goods by 29.05.2017.  The CC has not received any delivery from the OP even after making payment of Rs.1850/-. On 03.06.2017 the CC received another call from someone on Mobile No.9795622638 stating that since the CC had made a complaint in the Consumer Forum, as such the OP wants to settle the issue and the CC will get the refund of entire amount.  The caller told that Rs.8,999/- charged from the CC for activation of membership card will be refunded by the same credit card from which the CC had made the payment. The caller asked the  card number of the CC and stated that he has issued refund to his card for which an OTP has been sent on the phone of the CC. The CC provided the OTP but was shocked to see that instead of refund another transaction of Rs.8,999/- was deducted from his account. On 17.06.2017 the CC received a call from another mobile No.8860529498 saying that insurance process took time and as the parcel is insured and now the same will be dispatched for which the CC would bear half the cost of courier charges as per company policy. The CC was asked to send Rs.700/- by Paytm on mobile No.8860529498. The CC sent  the money and on next day an email was sent to the CC disclosing fake Dot courier number.  It is further averred that when the CC contacted the aforesaid mobile, the employee told him that as his parcel is costly and big, hence Dot delivery has returned the parcel and now the parcel will be sent by DTDC courier. The  CC was asked to pay in installments a sum of Rs.8,000/- by Paytm as courier and updation charges and cost of music system on Mobile No.8860529498 and 9458604096. The CC paid the amount and finally after two days a photocopy of DTDC courier was sent on the whatsapp number of the CC and the CC was assured that his Laptop and Mobile alongwith membership card has been sent.  On 22.06.2017 the CC was shocked to find children time piece in the box which was sent through courier.  In this way the OP had taken Rs.48,546/- from the CC, but has not been delivered the items ordered by the CC. 

                Thus, alleging unfair trade practice on the part of the OP, the CC has sought refund of Rs.48,546/- from the OP alongwith compensation of Rs.50,000/- for mental harassment. The complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.

2.             OP has chosen to remain ex-parte.  It is important to mention here that OP did not appear even through publication and as such was proceeded against ex-parte vide order dated 17.10.2018 of this Commission.

3.             The CC in support of his complaint tendered into evidence his affidavit Ex.CW-1/1 and various documents Ex.C-1 to Ex.C-13 and thereafter closed his evidence.

4.             Since the entire evidence of the CC is on the file and the OP is already ex-parte, we feel that no prejudice is going to be caused to any of the parties if the present complaint is decided on merits. Otherwise also the present Consumer Protection Act is a Special Act, which is enacted to provide speedy justice to the parties.

5.             We have gone through the entire file and evidence produced by the CC. The OP chose to remain ex-parte. In this way, the OP has not refuted any charge levelled by the CC against the OP. Remaining ex-parte also amounts to acceptance of charges levelled by the CC. Entire evidence produced by the CC is on the file. The CC made payments one after the other as stated in the complaint only to get the ordered items but failed to get the same. The OP failed to send the ordered items to the CC but instead, the OP used to send unwanted items to the CC. It is a case of clear cut deficiency in service on the part of the OP and malpractice. It appears that the CC got badly cheated by the OP.

6.             Therefore, in view of our earlier discussion, the complaint is accepted against the OP and is allowed.  The OP is ordered to refund to the CC an amount of Rs.48,546/- (Rs. Forty Eight Thousand Five Hundred Forty Six only)  received from the CC. The OP is further burdened to pay a compensation of Rs.15,000/- (Rs. Fifteen Thousand only) for causing mental harassment to the CC. The order be complied within 30 days from the date of receipt of free certified copy of the order. Free certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

June 21, 2021

                                                                (Sanjiv Dutt Sharma)

                                                                President

(Inderjit)

Member