Complaint Under Section 35 of the Consumer Protection Act, 2019.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH. JASWINDER SINGH, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Harvinder Pal Singh, Advocate.
For OPs : Exparte.
ORDER
PER JASWINDER SINGH, MEMBER
1. Briefly stated, the complainant has filed present complaint against the opposite party (E-commerce entity) alleging that on 18.02.2022, he purchased two articles vide order ID No.FL366907519 of a sum of Rs.2049.70 out of which RS.205.74 was returned as Jio Mach Maha cash back and an amount of Rs.1843.96 was paid by the complainant through Google pay. The complainant received the order on 22.02.22 but he was not satisfied with the articles and as such, he made a return/cancel request vide return ID No.RT59562505 on 23.02.2022 and also requested for refund of the amount in his account No.3548101001003694 maintained with Canara Bank. The return request was accepted and the article was picked up on the same day and the opposite party refunded Rs.1000/- to the complainant in his account. The complainant further averred that the other order made through ID No.FL366907519 reached on 25.02.2022 but again the complainant was not satisfied with the order and subsequently made a return/cancel request vide return ID No.RT59850701 on 26.02.2022. The article was picked up on 27.02.2022 but the amount of Rs.843.96 was not returned till date. The complainant made several online requests to opposite party in response to which the opposite party replied on 05.03.2022 and 07.03.2022 seeking more time to resolve the complaint of the complainant for refunding the amount. The complainant received an email on 11.03.2022 that the amount of Rs.539.73 was refunded vide IFSC Code No.CNRB0003548 to one Raghunandan and the remaining amount of Rs.205.74 reflected to Maha Cash back. However, the complainant never given said account number nor he had any relation with said Raghunandan. Hence the opposite party has caused him wrongful loss of Rs.843.96 and has caused him mental tension and agony. The complainant sent a legal notice dated 28.02.2022 through registered post through his counsel Sh. Harvinder Pal Singh, Advocate but to no avail. This act of the opposite party has caused monetary loss to the complainant as well as mental tension and agony. The complainant has request that the opposite party be directed to make payment of Rs.834.96 along with interest and compensation of Rs.20,000/- for mental pain, agony an harassment as well as Rs.13,000/- as litigation expenses. Hence the complaint.
2. Notice was issued to the opposite party but the opposite party did not appear despite service and was proceeded against exparte vide order dated 22.07.2022. 952584807285
3. In support of his claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered Ex. C1 is the order placed by the complainant, Ex. C2 is the detail of cancellation of order and refund of Rs.1000/-, Ex. C3 is also the detail of cancellation of order and refund of Rs.1049.70, Ex. C4 is the message of the opposite party, Ex. C5 is e email received from the opposite party, Ex. C6 is the legal notice, Ex C7 is the postal receipt and Ex. C8 is email received from opposite party and closed the evidence.
4. We have heard the arguments of the counsel for the complainant also gone through the complaint, affidavit and annexed documents produced on record by the complainant.
5. Section 2(16) of the Consumer Protection Act defines as under:-
16. “e-commerce” means buying or selling of goods or services including digital products over digital or electronic network.
So in order to protect the interest and rights of the consumer and to prevent unfair trade practice in regard with “e-commerce” business. The detailed guidelines known as Consumer Protection (ecommerce) Rules 2020 has been framed. Under these rules, it has been mandated that every e-commerce entity was provided all the information related to its business operation on its platform and shall also establish “Consumer Grievance Redressal Mechanism” which shall redress the consumer complaint within one month from the date of receipt of the compliant. It has been further provided that violation of the provisions of these rules will entail an action as per the Consumer Protection Act.
6. Perusal of the record reveals that first request to return/cancel the order was made on 26.02.2022 and also it was requested to refund the amount n the account No.3548101001003694 maintained with Canara Bank. However, the return request was accepted but the remaining amount of Rs.843.96 was not refunded. However, Ex. C4 depicts that the grievance of the complainant was acknowledged on 05.03.2022 where the opposite party undertook to resolve the matter on or before 11.03.2022. Ex. C5 reveals that instead of crediting the refund of Rs.843.96 in the account of the complainant, it was wrongly credited in the account of one Raghunandan. The complainant served legal notice Ex. C6 calling upon the opposite party to refund the amount but the opposite party vide Ex. C8 again informed that the refund has been done in the account of one Raghunandan. From the above said chronology of events, it is clear that the complainant had been repeatedly approaching the opposite party through emails although the opposite party has acknowledged the said grievance but they could not resolve the same within stipulated time and rather transferred the amount wrongly into the account of a third person namely Raghunandan. It clearly amounts to deficiency of service on the part of the opposite party.
7. As a result of above discussion, the complaint is allowed with an order that the opposite party shall refund a sum of Rs.834.96 to the complainant with interest @8% per annum from the date when it was due till the date of actual payment. The opposite party shall further pay a composite cost of Rs.2,500/- (Rupees Two Thousand Five Hundred only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Jaswinder Singh) (Sanjeev Batra)
Member President
Announced in Open Commission.
Dated:17.11.2022.
Gobind Ram.
Varinder Singh Vs AJIO CC/22/156
Present: Sh. Harvinder Pal Singh, Advocate for complainant.
OP exparte.
Arguments heard. Vide separate detailed order of today, the complaint is allowed with an order that the opposite party shall refund a sum of Rs.834.96 to the complainant with interest @8% per annum from the date when it was due till the date of actual payment. The opposite party shall further pay a composite cost of Rs.2,500/- (Rupees Two Thousand Five Hundred only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Jaswinder Singh) (Sanjeev Batra)
Member President
Announced in Open Commission.
Dated:17.11.2022.
Gobind Ram.
