Date of Argument by Complainant -12.04.2023
Date of Argument by Opposite Party - Nil
Date of Judgement:- 02.11.2023
This complaint was filed through e-dakhil by the complainant under section 35 of Consumer Protection Act, 2019 claiming to pay ₹ 585/- by the O.P. to the complainant as the amount paid in advance, compensation of ₹ 10,000/- and a sum of ₹ 9,000/- as cost of litigation.
Judgement
The complainant is a permanent resident under the jurisdiction of this Commission. The complainant has claimed himself as a consumer of the O.P. and has approached this Commission against the deficiency of service and unfair trade practice against the O.P.
The complainant placed an order online on 20.11.2021 for “Tail Light Assembly” for Tata Zest (2015-18) by Uno Minda, passenger side X 1 and driver side X 1 worth ₹ 3,896/- through https://autoretails.com/ with order No.115181 by paying an advance of ₹ 585/-. Transaction ID No.T2111201906559427418983 and UTR/132442211981 but the product did not received by the complainant till filing of this complaint. After repeated calls the O.P. did not respond towards the calls of the complainant for which he has lodged a complaint in consumer helpline. The O.P. did not respond to the grievance of the complainant.
The complainant in his complaint has stated that the acts and attitudes of the O.P. amounts to deficiency in services and unfair trade practice and the complainant is entitled to get refund of the amount of ₹ 585/- paid as advance to the opposite party. The complainant has claimed that he is entitled to a compensation of ₹ 10,187 against the deficiency of services on the part of the O.P. for mental agony and trauma. The complainant issued required notice to the O.P. through e-mail, phone No. provided in the website and contacted through WhatsApp but the O.P. did not comply with the same. The O.P. has not complied with the multiple reminders also.
The complainant has filed this complaint with prayer to direct the O.P. to refund the amount paid in advance with interest and to pay ₹ 10,000/- as compensation along with ₹ 9,000/- as cost of the proceeding.
After admission hearing case was registered and notice was served on the O.P. The O.P. inspite of receipt of notice neglected to appear and to file W/S before the Commission for which the Commission was pleased to pass ex-parte order on 16.12.2022 against the O.P. and accordingly the case has been proceeded ex-parte against the O.P.
The complainant in this case has submitted evidence in affidavit of himself. Minutely gone through the evidence in affidavit and seen that the evidence in affidavit is nothing but a mere reiteration of his complaint petition. However, in his evidence in affidavit he has exhibited seven documents as exhibits as follows :
Ext. No.1 is the screen grab of the UPI transaction.
Ext. No.2 is the screen grab of payment confirmation in mail by PayE.
Ext. No.3 is the screen grab of the website mentioning order No., date of purchase and
Billing details.
Ext. No.4 is the screen grab of the e-mail confirmation from the seller.
Ext. No.5 is the screen grab of un-answering WhatsApp text to Autoretail.com No.8860260280 from website.
Ext. No.6 is the screen grab of consumer help line comment.
Ext. 7 is the delivery confirmation report of tracking ID ES923153004IN.
Perused all these exhibited documents carefully.
The complainant has submitted his written argument on 12.04.2023. In his argument the complainant has submitted that he had entered into a contract with the O.P. for purchase of product (Tail Light Assembly) for Tata Zest by Uno Minda, one for passenger’s side and another for driver’s side on 20.11.2021. He paid an amount of ₹ 585/- as advance as per the agreed terms and conditions. But the O.P. failed to provide the product as promised and the complainant was left with no option but to approach the Consumer Commission. The complainant has submitted the grounds in support of his contention as :
- Deficiency in Service :- The opposite party failed to provide the product as per the agreed terms and conditions which amounts to deficiency in service.
- Unfair Trade Practice :- The opposite party had adopted an unfair trade practice by accepting payment from the complainant and thereafter failed to deliver the promised product.
- Mental Agony and Harassment :- The complainant has suffered mental agony and harassment due to negligent and deficient service of the opposite party.
Submitting his written argument the complainant has prayed before the Commission to allow his petition and has also prayed to direct the opposite party to refund the advance amount paid by the complainant with interest , compensation for mental agony and harassment and to pay the cost of the complaint proceeding along with any other relief/reliefs available.
Points for decision.
- Whether the complainant is a consumer under the provision of Consumer Protection Act, 2019.
- Whether this Commission has jurisdiction to try this case.
- Whether the opposite party is liable for deficient/negligent service towards the complainant and for unfair trade practice.
- Whether the complainant is entitled to get the reliefs claimed by him.
Decisions and reasons thereof.
- From perusal of complaint petition, it seems that the complainant is undoubtedly a consumer under the Consumer Protection Act, 2019.
- This District Commission has proper territorial as well as pecuniary jurisdiction to try this case. In deciding liabilities of the O.P. we have gone through the complaint petition, evidence in affidavit, written argument filed by the complainant along with the exhibited documents. On minute perusal of exhibit No.1 the screen grab of the UPI transaction we have seen that the transaction of the complainant with the O.P. was shown as successful on 20.11.2021 and ₹ 585/- was debited from the bank A/c of the complainant. Ext. No.2, the screen grab of the payment confirmation in mail has established that the order of the complainant at Autoretail.com was shown as successful and through Ext. No.2 the O.P. had confirmed the order and the amount paid by the complainant. On perusal of Ext. No.3 it was confirmed that order No.#115181 was placed on 20.11.2021 and was approved at the time. It shows in their order details regarding Tail Light Assembly ordered by the complainant. The estimated cost for the Tail Light Assembly in total was shown as ₹ 3364.00 and amount to be paid upon delivery was shown as 3311/- after deduction of ₹ 585/- paid in advance. From perusal of Ext. No.4 we have seen that the O.P. accepted the order of the complainant on 20.11.2021 at 7.07 P.M. It was confirmed through Ext. No.4. Ext. No.5 reflects the WhatsApp text of the complainant to the O.P. of which no answer whatever was made by the O.P. It is also observed that the complainant took help of the Consumer Help Line and Ext. No.6, the screen grab of Consumer Help Line remarked which reads as “the grievance was taken up with the company by NCH, the company has not responded on the grievance. In the business of suitable/acceptable redressal by the company, you may file a case at the designated Consumer Commission from a place of your convenience off line.” Thereafter the complainant filed this case through e-dakhil and after admission hearing he filed the complaint off line under section 35 of the Consumer Protection Act, 2019. Non response to the calls of the complainant by the O.P. clearly signifies their deficient/negligent service towards the complainant as well as unfair trade practice.
From the above discussions we have found a just and reasonable case against the opposite party for their deficient/negligent services and unfair trade practice as claimed by the complainant.
On the basis of above observation this Commission is pleased to direct the opposite party to pay to the complainant :
- A sum of ₹ 585/-(Rupees five hundred eighty five)only with interest @ 9% per annum from the date of filing the case till payment of the same.
- A sum of ₹ 8000/- (Rupees eight thousand)only as compensation for physical sufferings and mental agony and
- A sum of ₹ 5000/- as cost of this proceeding.
All the above amounts be deposited into the credit of this Commission by the opposite party within 30(thirty) days from the date of receipt of this judgement.
Send copy of this judgement to the opposite party for compliance.
The instant C.C. No.10/2022 is accordingly disposed of ex-parte.
