Delhi

North East

CC/234/2017

Jitendar Kumar Sharma - Complainant(s)

Versus

Snap Deal Online Shopping Website - Opp.Party(s)

30 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 234/17

 

In the matter of:

 

	Jitender Kumar Sharma F 28, Street No. 1, West Karawal Nagar Delhi 110094	Complainant
	Versus
	M/s Snap Deal Online Website 246, FF, Phase-3 Okhla Indl. Area, Delhi-110020	Opposite Parties

DATE OF INSTITUTION:      JUDGMENT RESERVED ON:               DATE OF DECISION      :

18.07.2017 30.09.2019 30.09.2019

 

 

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Brief facts of the present case are that the complainant has purchased an Intex ITPB 16K 16000MAH power bank white in color vide order no. ID18578061640 from OP, online shopping website on 13.03.2017 for a sum of Rs. 1274/- which got delivered on 16.03.2017. However, complainant found some technical fault in it for which complainant raised a replacement request and the product got replaced by OP vide order sub ID 23088236655 on 18.03.2017. On the same date the complainant faced some issue in the freshly replaced product regarding charging the phone with it and therefore made request to the OP for return of the same and OP picked up the product successfully from the complainant on 19.03.2017 vide order ID 18578061640. Thereafter, on 20.03.2017 complainant got a confirmation message from OP about complainant’s return request approval and initiation of refund of the same. But the refund was not received by the complainant even after waiting for a long time. Complainant sent an e-mail to OP on 25.03.2017 regarding not receipt of the refund amount. On the same day complainant received return e-mail reply from the OP stating that “we reviewed your account and found some transaction that do not pass our internal checks. We’re sorry that we will be unable to complete your request and your account will be suspended. Active orders and claims link to this account will also not be processed”. Since then, despite complainant’s many requests to know what suspicious activities were found in the account, OP has never responded the query of complainant. Thereafter, a written complaint was made by the complainant to the OP’s Head of Department, Customer Service on 03.05.2017 but no reply came forth from the side of OP. Lastly, due to negligent act of OP the complainant causing him loss and injury due to deprivation, harassment, mental agony and loss of professional practice, complainant was constrained to file the present complaint before this Forum for issuance of directions to the OP to pay sum of Rs. 1274/- for refund of the power bank and Rs. 15,000/- as compensation.

Complainant has attached copy of Invoice No. S888D4/16-17/161121 dated 17.03.2017 for purchase of power bank from OP for sum of Rs. 1274/-, copy of pick up report of product on 19.03.2017 with estimated date of refund as 20.03.2017, copy of e-mail dated 25.03.2017 by complainant to OP enquiring abount non receipt of refund, copy of response e-mail from OP dated 25.03.2017 declining refund and suspention of complainant’s account and copy of complaint dated 03.05.2017 by complainant to OP’s Customer Service Department alongwith postal receipts and track report of delivery.

2. Notice was issued to the OP on 05.09.2017. None appeared on behalf of OP despite service effected on 15.09.2017. Due to non appearance, the OP was proceeded against ex parte vide order dated 06.12.2017.
3. Complainant filed evidence by way affidavit and written argument in reassertion of his grievance against the OP and argued that he asked for refund the second time as per OP policy of no replacement allowed for second time return of product.  
4. We have heard the argument addressed by the complainant and have perused documents placed on record.

From the documents having gone unrebutted due to non appearance of OP and no defence put forth, it is established that the power bank in question sent by the OP turned out to be defective twice and on the second occasion when it was picked up by OP on 19.03.2017, it was neither replaced by OP nor refund of its price was given to the complainant.

We therefore find OP guilty of deficiency of service in its act of omission and allow the present complaint directing the OP to refund the price of power bank i.e. Rs. 1,274/- alongwith payment of compensation of Rs. 2,000/- towards harassment and mental agony to the complainant. Let the order be complied with by OP within 30 days from the date of receipt of copy of this order.

5. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6. File be consigned to record room.
7.  Announced on 30.09.2019 

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member