MR LAXMI NARAYAN PADHI, PRESIDENT… The factual matrix of the case in brief is that, the above named complainant being allured by attractive presentations of OP.1 in his website amazon.in indented 01 Fast Track Gents Wrist Watch & 02 Ladies Wrist watches on dt.09.03.2016 at about 11 p.m. and paid a total sum of Rs.6473/-, vide order No.40349104958909112, to which the OP.2 has delivered a parcel on Dt.14.03.2016 vide invoice No.KA-BLRS-136984071-199796 at the clinical address of complainant and on opening of the parcel, the complainant found only one Gents wrist watch instead of three, and there has no two ladies wrist watches as ordered inside the parcel. Hence the complainant being aggrieved sent a mail to the OP.1 & 2, but for no result. The complainant is a professional doctor and he loses valuable times in pursuing number of times to the OP.s but the OP.s discard his requests in arbitrary and highhanded manner. The complainant had ordered the product in question for his wife and son, hence facing unrest in his family members. Hence he several times approaches the OP.2 in telephone no.9937296008 but also for no use. He also dialed to the OP.1 & 2 through their toll free numbers and lodge requests to avail his ordered product, to which the OP.1 has taken full amount in advance but except false assurances and dilly dallying words, the complainant got nothing from the side of OP.s. The complainant further contends that, the OP.1 has breached the conditions of sale of contracts as well as through the malfeasance of his appointee Seller/Agent has provided him part product yet received a good amount as its price, for which the contract of sale is frustrated arousing damages for which the OP.s should be imposed upon for their deceptive advertisement and unfair practices. In this instant case, the inaction, deceptive and unfair practice of the OP.s are amounts to deficiency in service which attributes gross unfair; for which, the OP.s are jointly and severally liable and the complainant is to be adequately compensated by the above Opp. Parties. Hence he prayed to allow the complaint and be directed the OP.s to refund the balance amount of Rs.3948/- along with compensation of Rs.1,00,000/- against the Opp. Parties including cost of this complaint.
2. The counsel for OP.1 has entered his appearance on call and filed counter wherein he averred that, the complainant placed order for Fastrack Casual Digital Black Dial Women's Watch-68004PP01J, Fastrack Analog Black dial Women's Watch-6120SM01 and Fastrack Party Analog Black dial Women's Watch-NE1478SM01 vide Order No. 403-4910495-8909112 on March'9' 2016 from the website of the answering OP.1 for Rs.6473/- and the complainant however received one of the said product and the two remained undelivered. He further contended that, on receipt of complaint by the complainant the answering OP refunded Rs.1499/- & 2449/- in total Rs.3948/- on 1st April'2016. The items could not be delivered, as the OP.no.2 i.e. courier service is situated at Berhampur i.e. 350 Kms distance from complainant's location and the two watches were remains at OP.no.2 undelivered. As the rest price of two watches has already paid by the OP.1, there is no deficiency on the part of this answering OP. Hence he prayed to dismiss the case with cost.
3. The counsel for OP.1 has filed nothing except his counter and affidavit. The complainant has filed original invoice of the alleged watch set, copy of payment information, email details etc. The OP.2 neither appeared nor filed counter in the case, hence he set exparte as per provisions of the Act. The OP.1 and complainant minutely heard the case and perused the records.
4. It reveals from the record that, the complainant being allured with the attractive advertisements of Fastrack Casual Digital Wrist Watches on website of OP.1 indented three wrist watches by paying a sum of Rs.6473/- on dt.09.03.2016 i.e. one for himself and other two for his wife and son. However on dt.14.03.16, the OP.1 through his courier OP.2 delivered only one watch to his door but the two other watches were not delivered by the OP.2 and the reasons behind best known to him. That since 14.03.16 to till the date of filing of this complaint i.e. for 18 days, the complainant uncountable times approached the OP.s to deliver the watches for his family members but the OP.2 replied him in milk coated words with false assurances. Finding no other way the complainant time and again approached the OP.1 through email and phone but for no result come out thereof.
5. In view of the above transactions it is observed that, the complainant received only one watch on dt.14.3.16 and the then, he rushed the OP.s to deliver two other watches, but being waiting of 18 days he only received the amount of that as he has deposited for the watch in question instead of watches. No doubt the OP.1 has paid the remaining balance amount for the watches in question on dt.01.04.16 but failed to render proper service to the satisfaction of the complainant. The OP.s Company being an online marketing platform should respect the emotions of its customers by rendering proper services. In total transactions, negligence detected on the part of OP.s. Hence the complainant is legally entitled for compensatory relief from OP.s.
6. Provisions of C.P.Act for grant of compensation is a species developed from the law of Torts, price factor in calculating the damage for any loss in tort is subsidiary, the prime factor to consider is mental agony, harassment & negative social impact.
7. The OP.s through their deceptive advertisements and presentations has been prying the innocent customers of their hard earned money in a social welfare state, and in the glaring eyes of the law, it is as amenable as an offence, deserves heavy impounds upon. An exemplary damage, should serve the purpose of hindering these absecue and unscrupulous traders continuing such unfair trade practices duping innocent customers, as thus we allow the complaint, with cost against the OP.1.
O R D E R
i. The opposite party no.1 supra is hereby directed to pay a sum of Rs.10,000/-(Ten thousand) as compensation, inter alia Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.
ii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on 27th day of June' 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
Date of Preparation:
Date of dispatch :
Date of received by
the A/A for Ops / Complainant :
Initial of the dispatcher.
Memo No__________________ Dt………………..
Copy to the parties concerned.
PRESIDENT, DCDRF,
NABARANGPUR.
