BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JALANDHAR.

Complaint No. 386 of 2012 / Date of Instt. 21.08.2012 / Date of Decision : 16/11/2012

Mohit Mahinia son of Shri Rattan Lal, 620, Dilbag Nagar Ext. Basti Guzan, Jalandhar …….Complainant

Versus

Info Secure Consulting Pvt. Ltd. B-26, Second Floor, Sector-8, Noida 201301  …….Opposite party

Complaint under Section 12 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Present: Shri Mohit Mahinia Complainant in person

Opposite party ex-parte

Order

Jaspal Singh Bhatia (President)

1. The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite party on the averments that the opposite party is carrying on business for the sale of Mobile Phone and many other products through ON LINE in the name & style of “timtara” throughout India including Jalandhar under website: www.timtara.com On 27-6-2012 the complainant deposited with opposite party the sum of Rs.7499/- for the purchase of a HTC Explorer A3 1 Oe Mobile Phone and this amount was debited from complainant’s cousin Account (Dr. Navjot Kumar S/o Dalip Chand, 14 New Harbans Nagar, St.No.1, Jalandhr) through State Bank of India, Harbans Nagar, Jalandhar on 27.6.2012. The opposite party received the above payment vide order No. 10279184 on 29.6.2012 and assured the complainant to deliver the said product within 10 to 15 days from the receipt of payment Now more than 50 days have passed but the opposite party has not delivered the said product. Several requests and several telephonic talks have been made to opposite party but the opposite party has not given any satisfactory response nor delivered the mobile phone. However, the opposite party gave a reply of a request No.41826 vide their letter dated 15 July 2012 that a representative will follow-up with complainant as soon as possible. After reply of above letter of opposite party, neither any representative nor any Courier man approached the complainant to deliver the said product. On such like averments, the complainant has prayed for directing the opposite party to deliver the mobile phone or in the alternative to return its full cost of Rs.7499/- with interest. He has also demanded compensation and litigation expenses.

2. Upon notice, opposite party failed to appear despite service and was proceeded against ex-parte

3. In ex-parte evidence, the complainant has tendered in to evidence his own affidavit as Ex.CA along with copies of documents Ex.C1 to Ex.C4 and closed his evidence.

4. We have carefully gone through the record and have also heard learned counsel for the complainant.

5. The complainant deposited Rs.7499/- with opposite party on 27.06.2012 online for the purpose of purchasing mobile phone. Ex.C2 is copy of statement of account. The amount was sent by the complainant through the bank account of his cousin Dr. Navjot Kumar. Ex.C3 and Ex.C3/A are copies of letters/emails dated 29.06.2012 sent by the opposite party to the complainant confirming the placing of order. It is in affidavit Ex.CA of the complainant that opposite party assured him to deliver the said product within 10 to 15 days from the receipt of payment vide Ex.C3 and Ex.C3/A and now more than 50 days have passed, but the opposite party has not delivered the said product. At the time of argument, counsel for the complainant stated at bar that the mobile was sent by the opposite party through courier during the pendency of the complaint, but the same was not received by complainant as he has already filed this complaint. The opposite party has not come present to contest the claim of the complainant. Non-sending of mobile after receiving the payment in advance within stipulated and promised period constitute deficiency in service.

6. In view of above discussion, the complaint is accepted and opposite party is directed to refund Rs.7499/- to the complainant along with Rs.2000/- in lump sum on account of compensation and litigation expenses within 15 days from the date of receipt of copy of this order, failing which, it shall be liable to pay interest at the rate of 12% per annum from the date of order till payment.

Copies of the order be sent to the parties free of costs under the rules. File be consigned to the record room.

Dated Jyotsna Thatai Jaspal Singh Bhatia
16/11/2012 Member President.


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