Relying on the affidavit of the customer, Delhi resident Sher Singh, the North District Consumer Disputes Redressal Forum held that the camera he had bought from Mumbai-based TVC Skyshop was defective and despite repeated complaints from him, the online store did nothing to repair it.
"From the evidence on record, it has been proved that the camera supplied to complainant (Singh) by opposite party (TVC Skyshop) was defective and despite several complaints, opposite party did not respond to the complainant's grievance to rectify the defect in the camera.
"In these circumstances, it is clear that opposite party supplied defective camera to complainant and it did not give proper service to him to rectify defect therein. Therefore, we direct it to refund Rs 5,140, the price of the camera.
"Apart from above, it is also directed to pay a sum of Rs 1,000 as cost to complainant," the bench presided by Babu Lal said.
Singh in his plea had alleged that the ICAM-16 he had purchased for Rs 5,140, including delivery charges, had not worked from the very first day and despite several complaints TVC Skyshop did not repair the camera.
In its written statement, TVC Skyshop contended that the forum did not have jurisdiction since according to its terms and conditions, all claims against it are subject to Mumbai jurisdiction.
The forum, also comprising its member Shahina, rejected the contention saying the clause relied upon by TVC "cannot be construed to exclude the jurisdiction of this forum".
