BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SRI. P.V. JAYARAJAN : PRESIDENT
SMT. PREETHA G. NAIR : MEMBER
SRI. VIJU V.R. : MEMBER
C.C.No. 61/2022 Filed on 05/05/2022
ORDER DATED: 24/05/2022
Complainant: | : | Ashwini.V.V., D/o.Vikraman.K, TC.54/2109(2), House No.14(2), C.G.S.Nagar, Pappanamcode, Thiruvananthapuram – 695 018. (Party in person) |
Opposite party | : | Brinda, Nova Fashion Boutique by Brinda, Kattakada, Thiruvananthapuram – 695 572. |
ORDER
SMT. PREETHA G. NAIR: MEMBER
Complainant had ordered a frock from the opposite party on 21/11/2021 by paying an amount of Rs.2,000/- via google pay. The product is not delivered within 10 days after the payment as promised and 80 days now, but didn’t delivered the product or given a refund. The complainant had asked for a refund within the period but didn’t replied properly and refused to refund. The complainant sent messages though whats app and sent a legal notice to opposite party on 18/01/2022. But they are not willing to refund the amount. Hence the complaint.
After accepting the notice the opposite party was not present. Hence opposite party set ex parte.
Complainant filed proof affidavit and documents. Ext.A1 to A5 marked from the side of the complainant.
Issues to be considered are:-
- Whether there is any deficiency in service on the part of the opposite party?
- If so, what is the cost and relief?
Issues No.1&2:- We perused relevant documents on records. In the proof affidavit of complainant stated that on 03/03/2022 which was after 103 days from the date of placing order, the opposite party made a refund of Rs.2,000/- to complainant and they didn’t gave the compensation. The complainant had ordered a frock on 21/11/2021 by paying an amount of Rs.2,000/-. It is evident from Ext.A1 is the screen shot of of Google pay and Ext.A2 is the copy of bank statement that the complainant made payment to the opposite party. But the opposite party had not delivered the product to complainant. Thereafter the complainant sent a legal notice. After filing the complaint before the Commission the opposite party had refund the amount of Rs.2,000/- to the complainant. The opposite party has not produced evidence to disprove the case of complainant. So the case of the complainant is unchallenged.
In view of the above discussions, we find that the act of opposite party amounts to deficiency in service.
In the result complaint allowed. We direct the opposite party to pay Rs.2,000/- (Rupees Two Thousand Only) as compensation for mental agony and Rs.2,000/- (Rupees Two Thousand Only) as cost of the proceedings to the complainant within one month from the date of receipt of this order, failing which the amount except cost shall carry 9% interest from the date of order till the date of payment/realization.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 24th day of May, 2022.
Sd/- P.V.JAYARAJAN | : | PRESIDENT |
Sd/- PREETHA G. NAIR | | MEMBER |
Sd/- VIJU V.R. | : | MEMBER |
C.C. No. 61/2022
APPENDIX
- COMPLAINANT’S WITNESS:
- COMPLAINANT’S DOCUMENTS:
A1 | | Copy of Google pay transaction details. |
A2 | | Copy of Bank Statement. |
A3 | | Copy of Whats app messages. |
A4 | | Copy of Legal Notice. |
A5 | | Copy of postal receipt. |
- OPPOSITE PARTY’S WITNESS:
- OPPOSITE PARTY’S DOCUMENTS:
Sd/-
PRESIDENT
