Customer Sought Huge Damage Claim Of Rs 743 Crore
Customer sought huge damages of Rs 743 crore, which the consumer court rejected.
The National Consumer Disputes Redressal Commission (NCDRC) has rejected damages and punitive claims of Rs 743 crore of a customer.
The consumer had alleged that the e-commerce company from which he had purchased the mobile phone had given misleading advertisements and was indulging in unfair business activities.
The customer’s argument was that the company has created many other customers in the same manner and hence deserves this penalty.
In their judgment, NCDRC President Justice RK Agrawal and member SM Kantikar said that the petitioner’s plea to represent other similar cases is not maintainable and the petition is dismissed.
This Delhi-based customer said that he purchased a mobile phone on February 23, 2016, from a company’s website.
But within a few days, the phone started heating up. Therefore, he sought a refund from the company by submitting an application to return the phone.
However, the company in its reply said that it has changed its return and refund policy 16 days before the customer has placed the phone order.
In such a situation, she can change that phone to the customer and give another new phone, but cannot return the money.
The company argued in the NCDRC that it had issued advertisements regarding changes in the return policy in English as well as in local language newspapers on the online portal.
On the other hand, the customer said that the company had given advertisements for easy return of the item.
If the company does not live up to this, it means that many other customers facing such cases have been cheated.
The Delhi-based customer, in his plea, had sought Rs 9,119 as the cost of the phone, Rs 1 lakh towards legal expenses, and Rs 743 crore as a penalty from the company.
However, the NCDRC clearly stated that the subscriber cannot claim to represent other similar cases.
The NCDRC upheld the company’s stand that punitive damages cannot be made part of the compensation.
