By Sri. Mohamed Ismayil C.V., Member
The grievance of the complainant is as follows:-
1. On 02/07/2022 the complainant had ordered to purchase a Lenovo Idea pad slim 5 laptop from the online platform named Wowfas–com for which Rs.62,209/- (Rupees sixty two thousand two hundred and nine only) paid after availing financial assistance from Bajaj Finance Limited. The first opposite party is the company and second opposite party is its Manager cum Executive Officer. But on 03/08/2022 the opposite parties delivered Lenovo Idea pad slim 3 worth Rs.52,500/- (Rupees fifty two thousand five hundred only) to the complainant . The product received by the complainant has low specification than the ordered one and price is also lower than actually remitted. So the complainant repeatedly contacted the customer care center of the opposite parties. As a result, the opposite parties directed the complainant to return the product. Accordingly, the complainant sent back the product to the opposite parties and same was received by them on 22/08/2022. But the opposite parties neither delivered the replaced product for which they received the price nor refunded the amount to the complainant. The opposite parties cheated the complainant and cleverly managed to secure financial benefit in unlawful manner. According to the complainant, the bill issued by the opposite parties clearly stated that product can be changed within 10 days from the date of delivery or to refund the amount paid for the product. The complainant also filed a complaint before Ponnani Police station but the opposite parties did not turn up. The opposite parties are committed deficiency in service towards the complainant and the acts of opposite parties caused financial loss to the complainant. The complainant also suffered mental agony and hardship due to the acts of the opposite parties. So the complainant approached the Commission praying for a direction to the opposite parties to refund Rs.62,209/- to the complainant as the price of the laptop collected by the opposite parties . The complainant also prayed for a direction to the opposite parties to pay compensation of Rs.3,00,000/- (Rupees three lakh only) from the opposite parties for the deficiency in service committed towards the complainant .
2. The complaint is admitted and issued notice to the opposite parties. The opposite parties received notices on 07/02/2023 but not filed version in this proceedings. So the Commission set exparte the opposite parties.
3. The complainant filed affidavit and also produced documents to support the contention made in the complaint. The documents are marked as Ext. A1 to A5 documents. Ext. A1 document is the copy of statement of account issued by Bajaj Finance Limited showing the financial assistance availed for the purchase of laptop. Ext. A2 document is the copy of bill dated 02/07/2022 issued by the opposite parties to the complainant at the time of making order for laptop. Ext. A3 document is the copy of screen shot of the product details received from the opposite party. Ext. A4 document is the copy of email issued by the opposite parties to the complainant stating that the return order of the subject laptop received by the opposite parties. Ext. A5 document is the copy of address of the opposite party collected from the packet sent by the opposite parties to the complainant.
4. Heard the complainant. Gone through records available before the Commission and considered the following points for adjudication.
1) Whether the opposite parties are committed deficiency in service towards the complainant?
2) Relief and cost
5. Point No.1 & 2
It is stated by the complainant that he made order for purchase of Lenovo Idea pad slim 5 version laptop from the opposite parties and paid Rs.62,209/- as price of the product after availing a loan from Bajaj Finance Limited. The complainant produced copy of statement of accounts issued by the Bajaj Finance Limited and same is marked as Ext. A1 document. The complainant also produced copy of bill issued by the opposite parties for the purchase of subject Laptop and same is marked as Ext. A2 document. Ext. A1 document proved the contention on the aspect of securement of financial assistance. Ext. A2 document shows the amount paid for the order of purchase of Lenovo Idea pad slim 5 laptop from the opposite parties. It is stated by the complainant that the opposite parties delivered laptop with lower specification than actually paid for. The complainant produced copy of screen shot of product details of the delivered product and same is marked as Ext. A3 document. Ext. A3 document clearly shows that the complainant received not the paid one but another product which has lower specification. It is further alleged by the complainant that he returned the product to the opposite parties but not refunded the amount or replaced with actual product. The complainant produced copy of return order issued by the opposite parties and marked it as Ext. A4 document. It is also come out in evidence that the opposite parties assured of delivery of the ordered product. There is no contra evidence available in this case as the opposite parties are failed to contest the matter before the Commission. Thus complainant succeeded his contention made in the complaint with the support of Ext. A1 to A4 documents. The Commission find that the opposite parties are committed deficiency in service towards the complainant. Moreover, it can be found that the subject product was purchased after availing loan from a financial institution by the complainant. The Commission finds that opposite parties are committed deficiency in service towards the complainant as they did not replace product or refund of the amount received as consideration for the product. Hence complaint is allowed in the following manner.
- The opposite parties are directed to refund Rs.62,209/- (Rupees sixty two thousand two hundred and nine only ) to the complainant as the amount received for the laptop from the complainant
- The opposite parties are directed to pay Rs.50,000/- (Rupees fifty thousand only )to the complainant as compensation for the sufferings of mental agony and hardship due to the deficiency in service committed by the opposite parties.
- The opposite parties are also directed to pay Rs.5,000/- (Rupees five thousand only) to the complainant as the cost of the proceedings
The opposite parties shall comply this order within one month from the date of receipt of copy of this order, otherwise the entire amount shall bear 9% of interest per annum from the date of order till realization .
Dated this 28th day of April , 2023.
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A
Ext.A1 : Copy of statement of account issued by Bajaj Finance Limited showing the
financial assistance availed for laptop.
Ext.A2 : Copy of bill dated 02/07/2022 issued by the opposite parties to the
complainant at the time of making order for laptop.
Ext A3 : Copy of screen shot of the product received from the opposite party.
Ext A4 : Copy of email issued by the opposite parties to the complainant stating that
the return order of the subject laptop received by the opposite parties.
Ext A5 : Copy of address of the opposite party collected from the packet sent by the
opposite parties to the complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
