Orissa

Nuapada

CC/01/2014

Tanuja Nayak - Complainant(s)

Versus

Arjun Kumar Panda - Opp.Party(s)

N.P.Joshi

19 Nov 2014

ORDER

J U D G M E N T.

Fact of the Case in Brief:- The Petitioner has purchased a Mini Sewing Machine with thread set on worth of Rs. 1998/- (Rupees one thousand nine hundred and ninety eight) only alongwith Rs. 100/- (Rupees one hundred) money order charge, total Rs. 2098/- (Rupees two hundred and ninety eight) only through the Naaptol Online Shopping, while the petitioner/complainant released the same found defect, so she sent back the Sewing Machine to O.P. No. 2 through O.P. No. 1, the Dolphin Courier Service, Nuapada.  After several contact on mobile phone with both the O.Ps the petitioner failed to obtain the sewing machine.  The petitioner filed this case after harassment and mental agony and the petitioner pray for relief of Rs. 2,098/- towards cost of sewing machine with money order charge and Rs. 1 lakh for harassment and mental agony and Rs. 5,000/- towards cost of litigation and Dolphin charges Rs. 200/- in total Rs. 1,07,298/- (Rupees one lakh seven thousand two hundred and ninety eight) only.

The O.P. No. 1 is the Dolphin Courier Service, Nuapada who supply the material for the petitioner which was transported through Dolphin Courier Service on dated 04.11.2013 and return back the sewing machine from Nuapada to Delhi by spending Rs. 200/- from his own pocket.  He is the local agent of the Dolphin Courier Service for giving service to the local people.

The complainant/petitioner send a parcel to Naaptol Online Shopping Pvt. Ltd. On 04.11.2013, after few days the petitioner has complaint that the parcel was not received by the O.P. No. 2.  After that the O.P. No.1 contacted with O.P. No.2 Dolphin Service Delhi, who is the servicing authority at Delhi and he informed O.P.No.1 that the office at Delhi has been shifted to other place at Delhi and the O.P. No.2 approached O.P. No.1 to return back the parcel by paying Rs.200/- charges towards return to Delhi.  O.P. No.1 regularly contacts with the petitioner over phone but the petitioner not available at Nuapada and lastly she sent her representative on 20.02.2014.

O.P. No.2 has filed his version and stated that the O.P. No.2 Naaptol Online Shopping Pvt. Ltd. Company is registered under the companies Act, 1956 and a law abiding corporate.  The company entered in to the Merchant Agreement with several vendors and brands.  M/s Naaptol features various products of various sellers.  The details of the product information price, order procedure, mode of payment etc. can be access through the company’s website and advertisements in various media, medium like News papers, Television channels etc.  every deal offered by the company is assigned a deal code numbers, buyers can place their orders through phone calls online by referring it.

The company placed the order of buyer to the concerned vendors/sellers by M/s Naaptol for selling and delivery purpose.  The product is sent through postal department or courier services at the address of the customer, and the Naaptol company is not involved in any kind of manufacturing production activity even not working as a seller or vendor.  It is a company for marketing all service provider and link between buyer and seller and playing a important role in online shopping.

The O.P. No.2 is the online trader who received the orders from various customers for supply of their product even given advertisement for sale in T.V. Channels, magazine and News papers of the locality as he received order provide service to general customer for any defect in the product he is liable for replacement and recovery of price on brand whoever may be the buyer or seller or manufacturer.

               O R D E R.

Perused the records and after verifying the complaint case filed by the complainant and version of both the O.Ps, the Hon’ble Forum has decided the case that the O.P. No.2 i.e. Naaptol Online Shopping Pvt. Ltd. New Ashok Nagar, New Delhi – 110096 has sent a defective sewing machine and he is liable to pay worth Rs. 2098/- (Rupees two thousand and ninety eight) only towards cost of the sewing machine alongwith money order charges and Rs. 2,000/- (Rupees two thousand) towards mental agony and harassment and Rs.1,000/- (Rupees one thousand)only towards cost of litigation charges in total Rs. 5,098/- (Rupees five thousand and ninety eight) only to the complainant within two months from the date of order, failing which the O.P. No.2 has to pay 12%  per annum of decretal amount from the date of order.

The complainant has to return the defective Sewing Machine to the O.P. No.2 after received the decretal amount from the O.P. No.2 on the same day.

Judgment pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 19^th day of November 2014.