SMT.MOLYKUTTY MATHEW : MEMBER
This is a complaint filed by the complainant U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to refund Rs.9899/- to the complainant along with compensation for mental agony and cost of proceedings for the deficiency of service and unfair trade practice on the part of OP.
The brief of the complaint :
The complainant had intended to purchase an Infinix Note 30 mobile phone for an amount of Rs.9899/-. Then after confirming the order by OP the complainant paid Rs.9899/- through google pay to OP on 28/5/2024. Then the OP placed the order successfully. But not delivered the mobile phone to the complainant. After receiving the amount of Rs.9899/- by the OP, he intentionally cheated the complainant. Several times the complainant informed the matter to OP. But OP states that once we start processing the order usually take 3 or 5 working days to dispatch the order. But after one month itself the mobile phone is not delivered by the OP to the complainant. The act of OP the complainant caused much mental agony and financial loss. So there is deficiency of service and unfair trade practice on the part of OP. Hence the complaint.
After filing this complaint, notice issued to OP . The OP received the notice and not appeared before the commission and no version filed . As such this case came to be proceed against the OP is absent and set exparte.
Even though the OP remained absent it is for the complainant to establish the allegations made by him against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 4 documents marking them as Exts.A1 to A4. The complainant was examined as PW1. So the OP remains absent in this case. At the end the Commission heard the case on merit.
Let us have a clear glance at the relevant documents of the complainant Ext.A1 is the order history dtd.28/5/2024,it clearly shows the item Infinix Note 30 5G(256GB 8GB Ram) Black for an amount of Rs.9899/-). Ext.A2 is the payment method through google pay by the complainant to OP(VLE Bazar Pvt Ltd) dtd.28/5/2024 for an amount of Rs.9899/-. Ext.A3 is the order form details dtd.29/5/2024. Ext.A4 is the address of OP. As per the exhibits it clearly shows that the complainant had paid an amount of Rs.9899/- to the OP dtd.28/5/2024. But after receiving the amount the OP not delivered the product to the complainant. Moreover the OP is not ready to refund the amount to the complainant also. So there is deficiency of service and unfair trade practice on the part of OP. Under these circumstances, we are of the considered view that the OP is directly bound to redress the grievance caused to the complainant. So the complainant is entitled to get the value of the mobile phone Rs.9899/- along with Rs.5000/- as compensation for mental agony caused to the complainant and Rs.3000/- as litigation cost.
In the result, the complaint is allowed in part directing the opposite party to refund Rs.9899/- to the complainant along with Rs.5000/- as compensation for mental agony caused to the complainant and Rs.3000/- as litigation cost within 30 days of receipt of this order. In default, the amount of Rs. 9899/- carries interest@ 9% per annum from the date of payment till realization. If the OP fails to comply the order the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts:
A1-Order history dtd.28/5/2024
A2- payment through google pay dtd.28/5/2024
A3- Order confirmation dtd.29/5/24
A3- Address of OP Vle Bazar Pvt ltd.
PW1-Ranjith.V.V - complainant.
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
