HON’BLE SUDIP NIYOGI PRESIDENT FACTS Complainant filed the instant complaint u/s 35 of the Consumer Protection Act, 2019 praying for compensation for the harassment, mental pain and agony meted out to him by the Opposite Party and also cost of litigation. According to Complainant, he had made an online purchase of two pairs of footwears at Rs.3398/- in total. One pair of footwear was found defective as the sole of the same was not attached properly, while other pair having some size issue. So, he requested for return of both the footwears. Opposite Party asked him to submit the said footwears to a nearby Bata outlet as they were unable to arrange the pick-up. But unfortunately, all local Bata stores refused to take back the same and that was communicated to the Opposite Party and he also requested them to make arrangement to take return of the footwears. However, subsequently, the delivery person of the Opposite Party took back the said footwears from him but no refund was initiated by them following which he lodged a complaint with the Opposite Party customer care and regularly followed them. He also lodged a complaint against the Opposite Party at National Consumer Helpline and finally Opposite Party generated the refund link without any apology or compensation. Complainant alleged serious deficiency in service and unfair trade practice against the Opposite Party. Opposite Party contested the case by filing a written version and also evidence admitting the fact of purchase of said footwears by the Complainant and also the price thereof paid to them. Opposite Party also admitted the return of the said footwears but alleged that as the Complainant got the refund of the price of the footwears on 06/03/2022, there is no cause of action for the present complaint. They also denied the other allegations of the Complainant. The point for consideration whether the Complainant is entitled to any relief(s) as prayed for. FINDINGS The petition of complaint was treated to be the evidence of the Complainant on his prayer. Complainant also filed a series of documents in support of his contention of harassment. Both parties also filed their written version. Complainant filed questionnaire against the evidence of the Opposite Party but no reply was given. We have gone through the entire materials on record including the documents filed by the parties. Admittedly, the Complainant made online purchase of the two pairs of footwears from the Opposite Party. Complainant produced a series of mails showing communications between the parties in connection with the said purchase and subsequent return of the item etc. It is found from the materials that the order for the footwears was placed by the Complainant on 13/10/2021 which were supplied on 17/01/2021. The price of both the footwears was Rs.3398/-. The return request of the Complainant was made on 24/10/2021 and the items were picked up on 12/11/2021 after Complainant failed to deposit the same to any local outlets of the Opposite Party following the instruction of the Opposite Party. After the items were returned, the Complainant raised the matter for refund of the said price of the footwears paid by him to the Opposite Party. By an email dated 14/11/2021 on behalf of the Opposite Party, Complainant was informed that the matter of refund would be resolved within 5-7 working days. Then by another email dated 17/11/2021 Complainant was informed that the matter would be resolved within 2-3 working days. Similar assurance was again given to the complainant on 26/11/2021. By the next email dated 30/11/2021, Complainant was informed that it would be resolved within 4-5 working days. We further find by a subsequent email dated 10/12/2021, Opposite Party communicated it to be resolved within 3-4 working days. Such type of assurances we find were given to the Complainant on behalf of the Opposite Party on 29/12/2021 and 31/12/2021 when Complainant had to communicate his disappointment with the service of the Opposite Party and ultimately compelled to inform the Opposite Party that he would be forced to take legal action against them. Thereafter, on 01/01/2022, opposite party again claimed to resolve the matter within 3-4 working days. Similar assurances were found to have been given to the Complainant on behalf of the Opposite Party on 02/01/2022 and 10/01/2022. On 12/01/2022 Complainant by an email communicated the Opposite Party that he had informed the matter to National consumer Helpline and also requested the Opposite Party to initiate his refund process. Then by an email dated 18/01/2022, opposite party again informed that they would resolve the refund issue within 2-3 working days. And this way, is found to have continued till the month of March when finally, complainant got back the refund on 06/03/2022 as admitted by the Opposite Party in their written version. In this regard, though admittedly, Complainant got back the refund of the price paid for the footwears but Opposite Party did not give any reason whatsoever as to why there was such a long delay in making refund during which the Complainant had to go through a harsh phase of his rigmarole particularly by the conduct of the Opposite Party in giving assurances one after another without actually doing anything concrete in making the refund within a reasonable time after the footwears were returned. The conduct of the Opposite Party as surfaced in the instant case is no way beneficial to them in instilling confidence in their customers in the matter of services expected by them from Opposite Party, nor the intending purchasers of their products would feel encouraged to buy their products online. The conduct of the Opposite Party in absence of any cogent reasons has led down us to think there was willful negligence on their part in refunding the price to the Complainant without putting him into harassment. So, definitely there was deficiency in service on the part of the Opposite Party and the Complainant should be awarded an amount of compensation for harassment and mental pain suffered by him and according to our opinion, an amount of award of Rs.5,000/- for compensation and Rs.2,000/- towards cost of litigation would meet the ends of justice in this case. Accordingly, it is ORDERED That the instant case be and the same is allowed on contest against the Opposite Party. Opposite Party is directed to pay Rs.5000/- (Rupees Five Thousand Only) for harassment and metal pain suffered by the Complainant and also Rs.2000/- (Rupees Two Thousand Only) towards cost of litigation to the Complainant. Opposite Party is directed to pay the awarded amount within 30 days from the date of this order failing which the Opposite Party shall be liable to pay interest @ 10% p.a. on the said sum until realization and Complainant shall be at liberty to proceed in accordance with law. Dictated and corrected by me | 
