Bajrang v. Jio Mart

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27.04.2022. It is further averred that the date of delivery of the order was 31.04.2022. However, the date of delivery of the order was postponed by the OPs and the delivery date was informed as 01.05.2022. It is further averred that on 01.05.2022 the delivery of the order was again not executed and the complainant called the customer care, they told him that the order will take 48 hours to deliver on the delivery address. On 02.05.2022 , the order was delivered and the complainant upon receiving the delivery package/order asked the delivery boy that the weight of the package/order is very light and the delivery boy told him that he did not have any idea about it. It is further averred that after receiving the order from the delivery boy, the complainant shoot an un-boxing video of the package/order and the box turned out to be empty and there was no mobile phone present in the box. I t is further averred that the complainant immediately informed the customer care of the OPs and they told him that the empty box would be picked up by their executive/official and a new package/order containing a mobile phone would be delivered to the delivery address. However, till date the mobile phone has not been received by the complainant. The complainant has also sent legal notice dated 04.06.2022 to the OPs with the request to pick up the empty box and deliver the mobile phone but the OPs did not paid heed to it .

Consequently, prayer has been made for issuance of direction to the OPs to refund the amount of mobile phone worth

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Rs. 71,900/- to the complainant, to pay a sum of Rs. 1,00,000/- as compensation on account of mental agony and harassment , as well as Rs. 22,000/- as litigation expenses .

2. The OPs did not appear and were proceeded ex-parte vide order dated 14.08.2023.

3. In support of his case, the complainant has placed on record his affidavit Ex.CW1/1 along with supporting documents Ex C-1 to Ex C-5.

4. We have heard Ld. Counsel for the complainant and have perused the record.

5. In order to prove his case, the complainant has placed on record his affidavit Ex CW1/1. Ex C-1 is the bill of the mobile phone worth Rs. 71,900/-. Ex C-2 is the screenshot of twitter for the communication sent by the complainant to the OPs. Ex C-3 is the response email sent by the OPs to the complainant. The case of the complainant is that till date neither the OPs delivered the phone nor refunded the amount. The allegations set out in the complaint go unrebutted and unopposed as the OPs did not choose to contest the complaint. There is no reason to discard or disbelieve the ex-parte evidence adduced by the complainant. It s tands proved that the OPs remained deficient in providing services to the complainant.

6. Consequently, keeping in view the entire facts and circumstances of the case, the present complaint is partly allowed with the direction to the OPs to refund an amount of Rs.

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71,900/- as price of the phone to the complainant within two months from the date of receipt of certified copy of the order . The OPs are further burdened to pay a lump sum amount of compensation to the tune of Rs. 20,000/- to the complainant for mental agony, harassment as well as litigation expenses.

7. The instant complaint could not be disposed of within stipulated period for want of quorum and due to heavy institution.

8. Certified copies of this order be sent to the part ies free of costs. File be indexed and consigned to record room. Pronounced

May 06 2024

(S.K. Aggarwal)

President

(Ms. Paramjeet Kaur)

Member

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CC No. 515/2022 Bajrang versus JIO Present: Sh. Deepak Rana , , cl for the complainant. OPs ex-parte

Arguments heard. Vide our separate order of today, the complaint is party allowed with the direction to the OPs to refund an amount of Rs. 71,900/- as price of the phone to the complainant within two months from the date of receipt of certified copy of the order. The OPs are further burdened to pay a lump sum amount of compensation to the tune of Rs. 20,000/- to the complainant for mental agony and harassment as well as litigation expenses.

Pronounced

May 06, 2024

(S.K. Aggarwal)

President

(Ms. Paramjeet Kaur)

Member