BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                               : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 387/2023 Filed on 31/07/2023

ORDER DATED: 23/02/2024

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

1. This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.  After hearing the matter the commission passed an order as follows:
2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party.  After admitting the complaint notice was issued to the opposite party.  The notice issued to the opposite party was served on 18/09/2023.  When the case came up for consideration on 02/11/2023, the opposite party was absent and there was no representation and hence the opposite party was called absent and set ex parte. 
3. The case of the complainant in short is that he has placed an order on 19/11/2022 with the opposite party for 98 products worth Rs.69,849/-,  the said amount was paid by the complainant to the opposite party by two transactions i.e., of Rs.68,169/- and Rs.1,680/- after making payment.  The complainant received a Whatsapp message from the opposite party stating that the products worth Rs.74,105/- is out of stock and requested the complainant to book some other products for the said value.  As the complainant is not willing for the same, he demanded refund of the amount of Rs.7,450/- from the opposite party.  Meanwhile on 22/11/2022 the complainant received a call from the opposite party requesting to pay Rs.1,000/- more towards the charge for carrying the goods to the courier office.  The complainant paid that Rs.1,000/- also to the opposite party for which no receipt was issued by the opposite party.  A separate courier charge of Rs.2,880/- was already paid by the complainant for the purpose of delivery of the products.  The complainant further submits that though he received a bill which shows that the value of 98 products, the bill which shows the complainant received directly through courier is only having 54 products.  The complainant further submits that the total amount of 54 products received by the complainant is only Rs.48,773/-.  The complainant further submits that on 03/12/2022 when the complainant opened the courier box to his surprise he has seen damaged items and low quality products.  The pictures of the product published by the opposite party for marketing the product and the actual products received by the complainant were totally different and all are poor quality products.  Some of the products were rusted and dirty.  The complainant submits that the cost of the low quality and damaged product received by the complainant from the opposite party is worth Rs.23,454/-.  According to the complainant the act of the opposite party amounts to deficiency in service and unfair trade practice and filed this complaint seeking relief of refund of Rs.23,454/- being the cost of damaged articles, Rs.7,450/- being the cost of the products which were not in stock and Rs.1,000/- being the amount collected by the opposite party for transporting the products to the courier office along with compensation.  Hence alleging deficiency in service and unfair trade practice on the part of the opposite party, the complainant approached this Commission for redressing her grievances.        
4. Evidence in this case consists PW1, Exts.A1 to A6 from the side of the complainant.  The opposite party being declared ex parte, there is no affidavit or documents from the side of the opposite party. 
5. Issues to be considered:

1. Whether there is any deficiency in service and unfair trade practice

               on the part of the Opposite Party?

2. Whether the complainant is entitle to the relief claimed in the
3. Order as to cost?

6. Heard.  Perused affidavit, documents and records.  In order to substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Ext.A1 to A6 were marked.  Ext.A1 series is the copy of bill of Rs.69,849/- sent on whatsapp.  Ext.A2 series is the payment details of Rs.69,849/-.  Ext.A3 is the details of additional payment of Rs.1,000/- dated 22/11/2022.  Ext.A4 is the copy of the bill of Rs.48,773/- dated 23/11/2022.  Ext.A5 is the bill details of VRL Logistics.  Ext.A6 is the whatsapp chat details of A One Seller.  As the opposite party was declared ex parte there is no affidavit from the side of the opposite party.  In the absence of any contra evidence from the side of the opposite party, the evidence adduced by the complainant stands unchallenged.  There is no piece of evidence from the side of the opposite party to discredit the evidence adduced by the complainant and hence we accept the evidence adduced by the complainant.  By swearing an affidavit as PW1 and by marking Ext.A1 to A6, we find that the complainant has succeeded in establishing his case against the opposite party.  From the available evidence before this Commission and in the absence of any contra evidence from the side of the opposite party to discredit the evidence adduced by the complainant, we find that there is deficiency in service and unfair trade practice on the part of the opposite party.  From the available evidence, we also find that the complainant has suffered financial loss and mental agony due to the deficiency in service and unfair trade practice on the part of the opposite party.  As the financial loss and mental agony were caused to the complainant due to the deficiency in service and unfair trade practice on the part of the opposite party, we find that the opposite party is liable to compensate the loss sustained by the complainant.  In view of the above discussions we find that this is a fit case to be allowed in favour of the complainant.                      
7. In the result complaint is allowed.  The opposite party is directed to refund Rs.31,869/- (Rupees Thirty One Thousand Eight Hundred and Sixty Nine  Only) along with Rs.10,000/- (Rupees Ten Thousand Only) as compensation and Rs.2,500/- (Rupees Two Thousand Five Hundred Only) being the cost of this proceedings to the complainant, within 30 days from the date of receipt of this order failing which the amount except cost shall carry an interest @ 9% per annum from the date of order till the date of realization.     

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 23^rd day of February,  2024.

C.C. No. 387/2023

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

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