[Resolved]  OverCart — Harassment by overcart by selling defective products

Address:	Ludhiana, Punjab, 141001
Website:	www.overcart.com

Before the district consumer disputes redressal forum at ludhiana
Mr. Inderjit verma, ludhiana, punjab 141008 ……complainant
Versus
1. Exit marketing, b37/a, kalkaji, new delhi - 110019
2. Ecom express, scf 12 main market, kitchlu nagar, near police chownki, ludhiana, punjab - 141001.
Opposite parties
Complaint under section 12 of the consumer protection act, 1986
Respectfully showeth:
1. That the complainant had purchased asus zenfone 6 (Mobile phone) from opp party 1 who is online shopping website for unboxed & refurbished products. The complainant seeking good response from opposite party 1 but still no one resolve the issue hence the complainant want refund from opposite party 1 because he brought the product on trust of opposite party 1.
That the facts of the present case, in brief, are as follows.
2.in 2nd aug 2016, the complainant purchased a mobile phone from the opposite party 1. That the complainant bought product by paying amount of 7999 was because of its enviable reputation as a company with a good track record in customer service. However the complainant is disappointed at the appalling level of service meted out to him. A copy of the bill, email sent to opposite party 1 & proof of bad service is attached herewith as annexure i.
3. As on 2nd aug 2016 complainant purchased an mobile phone with order number bst[protected] from opp party 1 by paying 7999 cash. Then complainant get delivery of mobile phone as on 3rd aug 2016. The phone was having some scratches but complainant starts operating mobile phone & does not raised any issue then after 2-3 days mobile phone started giving touch problem & hagning issue on all applications then as on 10th aug 2016 complaint called to customer care of opp party 1 and raised the issue for this handset, on 11th aug opp party 1 created ticket (49919) for this issue and initiated the return pick up for this order because of 15 days return or exchange policy mentioned on opp party website. Then as on 12th aug opp party 2 picked up the mobile phone from complainant and it has been reached to opp party 1 by 17th aug 2016 at 4:46 pm and complainant got call from opp party 1 at 5:15 pm that opp party 1 will not refund for this order because mobile phone is ok in quality check as it is not possible for quality check opp party has taken just 30 minutes to download some software in phone to ehck it will take at least 2-3 hours for quality check. Then complainant post on facebook account of opp party 1 with facts & opp party clearly mentioned there that after reaching product to them opp party 1 will initiate the refund. Then as on 6:40 pm on 17th aug 2016 complainant reached his office & sent email reg this but complainant did not get any revert on his email & then as on 18th aug 2016 complainant again sent email reg this then opp party 1 replied that they will getting the ship same mobile phone to complainant & then again complainant sent an email to opp party with facts and request for refund for faulty mobile phone but after that complainant did not get any reply on this.
4. Complainant also raised issue till management level of opp party 1 but complainant did not get any solution & as complainant sent final reminder emails to opp party 2 but then also complainant did not get any revert on this. That complainant did not get any positive revert from opp party 1 via email or phone for this complaint.
5. That the complainant has brought two maxfones with order number bst[protected] from opp party 1 as on 26th jul which were also dead on arrival and refund for the same has been initiated by opp party 1. Then as on 23rd july complainant brought yu yureka smartphone with order number bst[protected] and that was also faulty and after lots of struggle and lots emails complainant finally got the refund for this phone also. Due to this bad service as all 3 orders complainant got were defective and opp party 1 is now not giving refund because complainant do not want to purchase anything in future from this website due to defective products. Also complainant has to go for many struggles and harassment for all above mentioned orders after that only complainant got his refund emails for the same has been also attached herewith.
6. That this hon’ble forum has got pecuniary jurisdiction to entertain this complaint as the compensation claimed does not exceed rs.20, 00, 000/-.
7. That the opposite parties have inflicted enormous amount of mental agony and financial loss on the complainant.
8. That the present complaint is within the limitation as prescribed under the act because the deficient service was provided to the complainant by the opposite parties.
9. That the complainant has not filed any such or similar complaint before hon’ble court. No such or similar complaint is pending adjudication before any competent court of law.
It is, therefore, respectfully prayed that this hon’ble court may kindly be pleased to:-
I) direct the opposite parties to apologize for all the inconvenience caused to the complainant;
Ii) direct the opposite parties to make up for the mistake by refunding complainant’s money.
Iii) pay a sum of rs.17999 /- towards the sum of 7999 towards product cost, & sum of 10000 towards physical strain and mental agony suffered by the complainant and his family members.
Iv) direct the opposite parties to pay a sum of rs. 2, 000/- towards cost of this petition
For which act of kindness, the complainant shall, as is duty bound, ever pray.
Ludhiana complainant
Dated
Verification:-
Verified that the contents of para nos. 1 to 9 of the complaint are true and correct to the best of my knowledge. No part of it is false and nothing has been concealed there from.

Ludhiana
Dated:[protected] complainant