In brief, the Complainant had ordered an Apple iPhone 6, 16 GB (Space Grey), under promotional Scheme, on the website of Opposite Party No.1, at the price of Rs.60/-, including shipping charges, on 09.03.2016. The cost of the mobile handset was Rs.42,389/-. The Complainant also received an e-mail of order confirmation and the estimated date of delivery date was 17.03.2016. On 10.03.2016, the Complainant received an e-mail from Opposite Party No.1 stating that the order would be shipped in 1-2 days. However, to his utter shock, the Opposite Party No.1 vide another email intimated that his order was cancelled by
Opposite Parties No.2 & 3 due to unavoidable circumstances and refund had been initiated.
Thereafter, the Complainant wrote a number of e-mails to the Opposite Party No.1 to deliver the product at the offered price, but to no success. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.
After considering the rival submissions and perusal of record the Hon’ble District Forum observed as follows:
It may be mentioned that in the aspect of law, a contract is a legally binding agreement between two or more parties which contains element of a valid legal agreement which is enforceable by law. An agreement is said to be reached when an offer offered by the offeree has been accepted by the acceptor as an
acceptance. In the present case, the Opposite Parties offered an Apple iPhone 5, 16 GB (Space Grey) under promotional scheme, which offer was accepted by the Complainant and this fact is fortified from Annexures C-1 and C-2 respectively. Therefore, there is sufficient evidence on record to show that there was a valid contract between the parties. Once the offer of the Opposite Parties was accepted by the Complainant for a certain price which was Rs.60/-, it amounts to a valid contract as it has all the ingredients of a valid contract namely, offer, acceptance and consideration. Pertinently, since Opposite Party No.1 being an online market place received Rs.60/- against Order No. 1589993870 towards the booking of an Apple iPhone 6, 16 GB (Space Gray) from the Complainant and Opposite Parties No.2 and 3 are the Sellers of the said product, we feel that the Opposite Parties No.1 to 3 had joined hands to befool the gullible and susceptible
consumers firstly, by confirming the booking and thereafter, cancelling the same, coining the excuse of catalogue issue. Hence, Opposite Parties cannot escape their liability for providing the booked product i.e. Apple iPhone 6, 16 GB (Space Gray) to the Complainant. In our opinion, due to the lackadaisical and irresponsible attitude of the Opposite Parties, the Complainant has certainly suffered a lot for no fault of him.
In view of our above discussion, we find it to be a clear cut case of deficiency in service on the part of the Opposite Parties and as such, we allow the Complaint and direct Opposite Parties to provide the Complainant the Apple iPhone 6, 16 GB (Space Gray) to the Complainant at Rs.60/- only and further to pay a consolidated amount of compensation and litigation expenses to the tune
CC/236/2016 in the District Consumer Forum – 1, Chandigarh
Kavish Gupta Vs. PayTM and Others
Date of decision: 11-08-2017