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BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM


Distt South, C 22 Qutub Institutional Area, New Delhi
Consumer Complaint No. /2010

In the matter of:-

Sh. Anurag Ashok ……….Complainant

Versus

OTS e-Solutions Pvt. Ltd …….Opposite Party

MEMO OF PARTIES
Sh. Anurag Ashok
S-439. Greater Kailash Part II,
New Delhi 110 048 ……….Complainant

Versus
OTS e-Solutions Pvt. Ltd.
GadgetsGuru.com
601, Rudresh Commercial Complex,
19th Road, Next to Ambedkar Garden,
Chembur, Mumbai
Pin Code 400071 ………..Opposite Party

FILED BY

(ADVOCATE)
NEW DELHI
DATED
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BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM


Distt South, C 22 Qutub Institutional Area, New Delhi
Consumer Complaint No. /2010

In the matter of:-

Sh. Anurag Ashok ……….Complainant

Versus

OTS e-Solutions Pvt. Ltd …….Opposite Party

CONSUMER COMPLAINT UNDER SECTION 12 OF THE CONSUMER


PROTECTION ACT ON BEHALF OF THE COMPLAINANT

Respectfully Showeth:-

1) That the Opposite Party is a registered company and claiming to be


engaged in selling various consumer durables online i.e. their website
gadgetsguru.com.
2) That the Complainant is a law-abiding citizen of the Country and
permanent resident of Delhi at the above-mentioned address.
3) That the complainant was desirous to purchase an Apple iPhone.
Therefore on 09/08/2010 the Complainant inquired from Opposite Party, if
they have Apple iPhone available in their stock. The Opposite replied that it
was in their stock and they would deliver it once they receive the payment
from complainant for the said product. (Annexure A1)
4) That therefore, believing the Opposite Party, the complainant on
09/08/2010 ordered an Apple iPhone4-32GB to Opposite Party costing Rs.
67,649/- through online i.e. their website gadgetsguru.com by submitting
necessary details for the purpose. The complainant accordingly paid Rs.
67,649/- through his Credit Card vide order No. E9810107 dated 10.08.2010.
A copy of the Invoice dated 09/08/2010 issued by the Opposite Part against
the said payment has been Annexed herewith as Annexure A2. The
Opposite Party had also promised to deliver the said product within 2-3 days
to complainant.
5) That on 10.08.2010 the complainant received an E mail from Opposite
Party confirming the placement of the order and further asking for the
necessary documents ( Photo Copies of ID Card and Credit Card of the
complainant) for proceeding with the order of the Complainant (Annexure
A3). Thus on the same day again the complainant again received an E mail
confirming to him that his order was under process. (Annexure A4)
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6) That on 13/08/2010 the complainant received an E mail from the


Opposite Party stating that his product has been dispatched through
Blue Dart Courier. Tracking details as : 50112999731. Further advised
complainant to track his order online at www.bluedart.com
7) That to utter shock and surprise of the complainant, he didn’t receive the
booked product till 23.08.2010 due to reasons best known to Opposite Party
only.
8) That accordingly Opposite Party further wrote to complainant vide E Mail
dated 23.08.2010 (Annexure A5) that as they had failed to deliver the said
product to complainant therefore they were cancelling the same and
processing the refund thereon.
9) That the complainants on several occasions contacted the Opposite
Party for the redressal of their grievances however they paid no heed to
his repeated requests and persuasions.
10) That complainant also got sent a Legal Notice dated 20.10.2010 to
Opposite Party but the Opposite Party didn’t turn up. (Annexure A6
Copy of Legal Notice with postal Receipt)
11) That it seems that the Opposite Party is engaged in charging
general public without any intention to deliver any product which
amounts to unfair trade practice as enshrined under Consumer
Protection Act, 1986.
12) That under these circumstances the Complainant had
approached this Hon’ble Forum praying for adequate compensation
and severe action against the Opposite Party under Consumer
Protection Act.
13) That the cause of action to file the present Complaint in favour of the
Complainant and against the Opposite Party arose on various dates.
Firstly, it arose on 09.08.2010 when the complainant was booked the
order with the OP. Secondly, it arose on 15.11.2010 when the the
Opposite Party didn’t not turn up to the legal notice of the complainant
and thereafter also on several dates and counts. The cause of action is
subsisting in nature and is arising today also as the Opposite Party has
refunded the amount to the Complainant.
14) That the aforesaid transaction took place at Greater Kailash
Part II New Delhi. The cause of action also arose there which is within
the territorial jurisdiction of this Hon’ble Forum therefore this Hon’ble
Forum has territorial jurisdiction to entertain and try the present
complaint.
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15) That the Complaint has been filed within the limitation period as
provided in the Consumer Protection Act,
16) That the requisite court fee of Rs. 100/- has been paid with the
present complaint.

PRAYER

In view of the above mentioned facts and circumstances the


Complainant most respectfully prays to this Hon’ble Forum be
pleased to direct the Opposite Party to :-
a) refund Rs. 67649/- to Complainant with 18% interest.
b) pay 2,00,000/- against the mental agony and harassment caused to
Complainants.
c) Pay Rs. 2,00,000/- in Consumer Welfare Fund as penal
compensation for engaging in Unfair Trade Practice.
d) Pay Rs. 10,000/ - against the cost of litigation.
e) Desist from Unfair Trade Practice by taking orders of the customers
without any intention to fulfill them.
f) Any other order/s which this Hon’ble Forum may deem fit may also
pass in the interest of justice.

COMPLAINANT
Verification

Verified at New Delhi on this December 2010 that the contents of the
above complaint are true to the best of my knowledge and belief and no
part of the same is false and nothing material has been concealed
therefrom.

COMPLAINANT

New Delhi

Dated Through

Rajesh Kumar (Counsel)


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BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM


Distt South, C 22 Qutub Institutional Area, New Delhi
Consumer Complaint No. /2010

In the matter of:-

Sh. Anurag Ashok ……….Complainant

Versus

OTS e-Solutions Pvt. Ltd …….Opposite Party

AFFIDAVIT IN SUPPORT OF THE CONSUMER COMPLAINT U/S 12 OF


THE CONSUMER PROTECTION ACT
I, Anurag Ashok , S/o Sh. Ashok Kumar, R/o, S-439. Greater
Kailash Part II, New Delhi 110 048 do hereby on solemn affirmation
declare as under:-

1. That I am the complainant in the above titled case and fully


conversant with the facts of the case therefore competent to swear
this Affidavit.
2. That the accompanied complaint has been drafted by my counsel
under my instructions and has been read over to me.
3. That the contents of accompanied complaint are declared by me to
be true and correct and may kindly be read as integral part of this
affidavit as same are not being repeated for the sake of brevity.
4. That my above statement is true.

DEPONENT
VERIFICATION
Verified on this day of December, 2010 at New Delhi that the
contents of the above Affidavit are true to the best of my knowledge and
belief and no part of the same is false and nothing material has been
concealed therefrom.

DEPONENT