Delhi

East Delhi

CC/36/2022

MS. SANDEEP KAUR - Complainant(s)

Versus

AJIO - Opp.Party(s)

26 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No. 36/2022

 

	Ms. Sandeep Kaur D-39, Shakarpur, East Delhi New Delhi-110092	….Complainant
Versus
	Ajio C/o Reliance Retail Limited, SS Plaza, 74/2 Outer Ring Road, 29th Main Road, BTM 1st Stage, BTM Layout, Bangalore-560068	……OP

 

Date of Institution: 29.01.2022

Judgment Reserved on: 01.09.2022

Judgment Passed on: 26.09.2022

                  

QUORUM:

Sh. S.S. Malhotra (President)

Ms. Ritu Garodia (Member)

Sh. Ravi Kumar (Member)

 

Order By: Sh. Ravi Kumar (Member)

 

 

JUDGEMENT

1. By this order I shall dispose off the present complaint filed by the Complainant against OP with regard to not providing the product (Shoes) she had purchased from OP and not refunding the amount also.

 

2. Complainant in her complaint has contended the she purchased shoes from OP on 04.09.2021 for Rs.8799/- vide order ID. FL0301976900 and she received the package on 11.09.2021. Upon opening the package she did not get the product which she had ordered but a different item and she immediately raised complaint with the OP and next day a person come and picked up the said order from her. She later made several mails and called OP and sought refund however  no refund was given to her and thereafter she filed the complaint before this Commission seeking following reliefs :

1. Direct the Respondent to duly look into this matter with foremost importance to take necessary steps to render the proper service to the complainant and provide to the complainant refund of the amount of Rs.8,799/-(Rupees Eight Thousand Seven Hundred Ninety Nine Only) which is already paid to the Respondent Company.
2. Direct the Respondent to provide Rs.5000/- (Five Thousand Only) as a compensation to the Complainant for the monetary loss, tremendous mental agony and mental harassment.
3. Direct the respondents to pay the costs of litigation.

 

3. Notice was issued to OP and OP was served on 7.02.2022. However no reply was filed by the OP and they have been proceeded ex-parte on 4.05.2022.

 

4. Complainant has filed her evidence by way of affidavit. OP has not appeared before this Commission subsequently also and no arguments have been put forth by them.

 

5. This Commission has heard the argument of the Complainant and perused the file.

 

The Complainant purchased shoes from OP by paying Rs.8,799 on 04.09.2021 (order ID FLO301976900). She received a package on 11.09.2021. However she did not get the product she had bought and the product sent to her was a different product. She immediately raised objection and lodged complaint with OP.

The Complainant has also filed with her complaint the ‘Return pick up- bearing ID # RT45320672’ wherein it has been mentioned that the refund will he initiated by 22 September. However nothing happened and Complainant wrote various email dated 22.10.2021, 27.10.2021 etc. and there was unequivocal intimation by the OP in their reply that the refund will be given to her. However no amount was refunded to her.

Selling of wrong product than ordered after receiving the amount and after taking back the product not refunding the amount is a clear case of deficiency of service on the part of OP.

The complainant able to prove her case of deficiency of service on the part of OP as above and this Commission holds OP liable for deficiency in service and orders as follows:

 

- OP to pay Rs.8,799/- along with 9% interest from 31.01.2022

  to the complainant.

- OP to pay Rs.2,500/- to the Complainant towards mental agony

  and harassment.

 

This Order is to be complied within 30 days of receipt of the Order.

 

6. Copy of the Order be supplied/sent to the Parties free of cost as per rules.
7. File be consigned to Record Room.
8. Announced on 26.09.2022

DELHI

 

 

(Ritu Garodia) Member

(Ravi Kumar) Member

(S.S. Malhotra) President