DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Consumer Complaint No.477 of 2012
Arundeep Randev son of Shri Amrit Pal Randev, resident of House No.2595, Sector 22-C, Chandigarh —Complainant.
M/s Timtara.com Infosecure Consulting Pvt. Ltd., B-26, 2nd Floor, Sector 8, Noida (U.P), Pin 201301 through its Chief Officer Mr. Arindam Bose. —Opposite Party
SHRI LAKSHMAN SHARMA PRESIDENT
SMT. MADHU MUTNEJA MEMBER
SHRI JASWINDER SINGH SIDHU MEMBER
Argued by: Complainant in person
PER LAKSHMAN SHARMA, PRESIDENT
1. Sh. Arundeep Randev has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act only) praying for the following reliefs :-
(i) to refund the principal amount of Rs.7,650/-
(ii) to pay Rs.5000/- as compensation for mental agony and harassment
(iii) any other relief
2. In brief, the case of the complainant is that on 26.6.2012 he placed an online order (No.10278372) for purchase of one Sony Cybershot DSC-W630 16 MP digital camera with the opposite party and paid Rs.7,650/- through credit card. According to the complainant, he was assured that the product would be delivered within 10-20 days. However, when the opposite party failed to do so, the complainant contacted it telephonically as well through emails, but to no avail. Finally the complainant vide email dated 17.8.2012 requested for cancellation of the order. The opposite party informed that the order would be cancelled within 24 to 48 hours and the amount would be refunded within 7-10 days, but it failed to do so.
According to the complainant, failure on the part of the opposite party to refund the amount deposited amounts to deficiency in service. In these circumstances the present complaint has been filed praying for the reliefs mentioned above.
3. Notice was sent for the service of the opposite party through registered letter on 24.9.2012. However, neither the same was received back undelivered nor any acknowledgement was received. As the period of more than 30 days had passed, therefore, it was presumed that the opposite party had been duly served. None appeared on behalf of the opposite party on the date fixed, hence it was proceeded against exparte.
4. We have heard the complainant in person and have gone through the documents on record.
5. According to the complainant, on 26.6.2012 he placed an online order (No.10278330) for purchase of one Sony Cybershot DSC-W630 16 MP digital camera with the opposite party and deposited a sum of Rs.7,650/- through his credit card. It has been submitted that the product was assured to be delivered within 10-20 days. It has further been submitted that he waited for a sufficiently long time and even contacted the opposite party telephonically as well as through emails for delivery of the product, but it failed to do so. Finally, the complainant vide his email dated 17.8.2012 requested the opposite party for cancellation of the order and refund of the amount. According to the complainant the opposite party assured that the order would be cancelled and amount would be refunded within 7-10 days but till date the amount has not been refunded. In support of his averments in the complaint the complainant has placed reliance on copies of the email correspondence, of different dates, which clearly shows that the complainant had placed the order for the digital camera in question. This correspondence also shows that he wrote a number of emails waiting for the delivery of the digital camera and finally, after waiting for a long period, when the product was not delivered he requested the opposite party vide email dated 20.8.2012 for cancellation of the order and refund of the amount deposited. In support of his contentions, the complainant has also filed his duly sworn affidavit.
6. The opposite party did not appear to controvert the averments of the complainant. Hence the stand of the complainant goes unrebutted.
7. We are of the opinion that once the opposite party failed to deliver the product, as promised, and the complainant requested for cancellation of the order and refund of the amount, the opposite party should have refunded the same immediately. Failure on the part of the opposite party to refund the amount, therefore, amounts to deficiency in service. Hence the present complaint needs to be allowed.
8. In view of the above discussion, the present complaint is allowed and the opposite party is directed as under :-
(i) to refund the amount of Rs.7,650/- to the complainant paid by him for online purchase of the digital camera.
(ii) to pay Rs.3,000/- as compensation for mental agony and harassment caused to the complainant.
(iii) to pay Rs.3,000/- as costs of litigation.
9. This order be complied with by the opposite party, within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No.(i) & (ii) above shall carry interest @18% per annum from the date of this order till actual payment besides payment of litigation costs.
10. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.