PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                         CONSUMER COMPLAINT NO. 137/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Ankit Kumar Padhee, aged about 21 years

S/o-Late Pradeep Kumar Padhee,

R/O-A.N. Guha Lane, Fatak, Sambalpur, PO-Budharaja

Ps-Town thana Dist-Sambalpur-768001,Odisha.          ….…......Complainant.

                                    -Vrs.-

Apcos Natural Private Limited,

Plot No. 202, Industrial Focal point, Phase-IX, industrial area,

Mohali-160062,

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Ex-parte

Date of Filing:11.09.2023,Date of Hearing :28.11.2023,Date of Judgement : 02.01.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant on 27.08.2023 booked a herb enriched lipstick and nourishing lip and cheek tint from the O.P., paid Rs. 349/- through Google Pay. The O.P. agreed to send the product to Miss Sweta Pal, KIIT School of law, Prasanti Vihar, Patia within 3 to 5 days. On 28.08.2023 when O.P. was contracted but the Complainant not got any reply. On 30.08.2023 the O.P. replied to contact in business hours. On 04.09.2023 when the O.P. was contacted in business hour the O.P. replied to consign the item through agent in time. No any consignment was found online nor the product was delivered in time. Hence this case.
2. Notice was issued to the O.P. but after receipt also the O.P. not turned up. Accordingly the O.P. was set ex-parte.
3. From the submission of Complainant it reveals that the herbal product was booked on 27.08.2023 but till 04.09.2023 no product was delivered. Non-delivery of product amounts to deficiency on the part of the O.P. The O.P. also not replied about the date of consignment of product. Deficiency in service against the O.P. is established. Accordingly, it is ordered.

ORDER

The Complainant is allowed ex-parte against the O.P. The O.P. is directed to refund Rs. 349/- to the Complainant with 7% interest P.A. w.e.f. 27.09.2023 within one month of this order. In case of non-payment it will carry 12% interest P.A. till realisation. For deficiency in service and harassment the O.P. is to pay Rs. 10,000/- and litigation expenses of Rs. 2000/-.

Order pronounced in the open court on 2^nd day of Jan. 2024.

Supply free copies to the parties.