Dated : 20 Jan 2023

FACTS

            The Complainant filed this instant complaint u/s 35 of the CP Act, 2019, against the OP who deals in women’s wear online shopping mode via its whatsapp and social media platform. According to Complainant, while surfing through facebook on 12.01.2022, she came across a video on the OP’s facebook page, demonstrating Zardousi Hand Embroidered Resham Sarees and she sent a screenshot of a saree to the whatsapp number of the OP. On 13.01.2022, having got confirmation from the OP about the availability of the said saree, Complainant placed an order and on the next day on 14.01.2022, it was delivered to her and price of Rs.2998/- was also paid in cash on delivery. However, no tax invoice of any kind was submitted to her. On that day, realizing that the quality of the said saree would not serve her purpose, she wanted to return it and get the price back and contacted the OP on whatsapp and raised a return request. On the following day, i.e on 15.01.2022, OP gave one whatsapp number for exchange. Accordingly, Complainant contacted the OP over said whatsapp number (9830424928), and wanted to return the saree but she did not get any reply from them. On 17.01.2022, Complainant also requested for reply, but to no effect. At last on 20.01.2022, she got a reply and was informed that she would have to pay an additional charge of Rs.350/- as exchange charges. But Complainant did not want to exchange the product and contacted the proprietor of the OP and she was informed that as per business policy they do not have any return facility and only exchange the saree could be made as per terms and conditions of their policy. OP also sent one email on 25.01.2022 instructing her to contact the exchange team of the OP. Accordingly Complainant wanted to know their exchange procedure and about the products available for such exchange etc. But till the afternoon of 27.01.2022, she did not get any response from the OP and ultimately in the late afternoon of that day she was told that the exchange procedure should be completed by the 7 working days and the said period was already over. She alleged that though she had sent the screenshot of a saree in exchange but her request was turned down.

Thereafter, Complainant lodged a complaint with the Consumer Affairs Department. A tripartite meeting was held, but no solution could be arrived at.

So, Complainant filed this complaint, praying for return of the amount she paid along with interest, compensation and cost of litigation.

OP contested this case by filing a written version and also adducing evidence. According to them as per Rules and Regulations of the OP, no money can be returned and only goods can be exchanged. OP denied all the allegations made by the Complainant.

POINT FOR CONSIDERATION

Whether the Complainant is entitled to the relief(s) as prayed for?

                                                                          FINDINGS

Both parties filed their evidence, also exchanged their questionnaires and replies thereto. We have gone through the materials including the documents produced in connection with this case. Both parties also submitted their BNA.

Admittedly, Complainant made one online purchase of a saree at a price of Rs.2998/- from the OP. The said saree was delivered to her on 14.01.2022 while the order was placed on the previous day i.e. on 13.01.2022. The materials on record including the whatsapp chat as submitted by the Complainant reveal that on 15.01.2022, i.e. on the next day, she raised a return request and also for refund of the price paid by her on whatsapp no.9674678024. However, she was advised by OP to send the said request on a different whatsapp no, which was 9830424928 for exchange and accordingly Complainant made the said request through that number on that very day. As she did not get any reply, she again requested on 17.01.2022. OP made a contact only on 20.01.2022 which was after about 5 days from the date of the request when it was first made and the Complainant was told that she would have to pay an additional charge of Rs.350/- as exchange charge.

According to OP, as per their rules a purchased product is not refundable except only under certain circumstances, for example, where product could not be delivered by the company within the promised period.

It is found, however, Complainant knowing the same agreed to exchange the product, leaving aside her earlier request for return of the saree and refund of the price. She also sent messages regarding this on 25.01.2022, but later her request for exchange was turned down.

OP cited, as we find from their written version and evidence, two reasons for such turning down the request for exchange: - one the stipulated time for exchange which is 7 days was over, and the other, is the said saree was found to have been used while it was in custody of the Complainant.

It revealed that the Complainant on 15.01.2022, that is, the following day of the delivery of the saree informed the OP of her intention to return the saree and getting the price she paid. But, she got the reply from the OP after 5 days i.e. on 20.01.2022. Again after her email on 25.01.2022 regarding exchange of the product, a reply was given to her on 27.01.2022only after she visited the office of the OP in the afternoon. So, from this it is that the follow up on the part of the OP is not at all satisfactory and responses to the queries of the customers were not prompt at all. Quick and prompt responses from the company is extremely crucial particularly when time limit for a particular transaction that. For negligence lackadaisical manner, may be for lack of efficiency or for some other reasons, in such cases on the part of the company, the innocent customer / consumer should not suffer.

The other reason for rejection being the allegation of use of the said saree, while it was in the custody of the Complainant, cannot at all be accepted.

It has been established that immediately after delivery, the Complainant found the saree to be not fit to serve her purpose as according to her, it was of inferior quality. She tried her best to contact the OP to get it returned and accordingly sent messages to that effect. It is not at all believable that a person who bought a saree for a particular purpose herein to make a gift as claimed by the Complainant and after getting it, she found it to be not to her liking, she would use the same while trying to return the same, at the same time. Apart from this, OP failed to show any cogent evidence that the said saree was used by the Complainant. We think, the plea taken by the OP that her staff found the saree having been used , has been taken in order to from their liability to exchange the same or some other reasons, best known to them.

Having thus gone through the materials on record and considered the submissions made on behalf of both the parties, we find that there is ample evidence of deficiency in service on the part of the OP in dealing with the Complainant, who is found to be a ‘Consumer’ in accordance with the definition of the Consumer Protection Act.

So, following the aforesaid discussion, we hold that the Complainant is entitled to relief(s) in this case.

Accordingly it is,

                                                                                      ORDERED

That the instant case be and the same is allowed on contest.

OP is directed to refund the amount of Rs.2998/- which she paid for the saree along with interest @6% S.I. p.a. from 27.01.2022, which is the date of refusal to exchange till the date of actual payment.

This apart OP to pay Rs.1,000/- (Rupees One Thousand Only) towards cost of litigation.

OP to comply with this order within 30 days, from the date of this order.

       Complainant is directed to return the said saree in question to the OP upon receipt of the full awarded amount as mentioned above.

Dictated and corrected by me

                President