SRI G.K. RATH, PRESIDENT … The factual matrix of case is that, the complainant being residing at Icchabatiguda Dist of Nabarangpur intended to purchase Steel Dinner set (50 NOs) being attract with the advertisement of OP.1 on TV. The complainant ordered it at Jeypore for the same on dt.04.8.17 through phone bearing no.9220006000. The OP.s sends the same through courier within 10 days of order by receiving Rs.1499/- from complainant at Jeypore. But when the complainant opened the wrapper cover found that the steel items were so small like the toy dinner kits of kids and was not ordinary usable. In TV the OP.s advertised good piece of sets but practically the steel sets are too small in size which cannot be usable in family. Hence without delay, the complainant lodge complaint to the customer of OP.s vide their customer care no.9223516148 requesting to replace the dinner sets but all her efforts are in vain. Hence the complainant submits that the action of OP.s is unfair, illegal and arbitrary, so she prayed before the Hon’ble forum to direct the OP.s to pay the price of the steel sets along with Rs.30,000/- as compensation and Rs.5,000/- for litigation cost.
2. The counsel for OP.No.1 entered his appearance and filed his counter in the case and averred that, the OP.1 only online marketplace platform and just an intermediary of buyer and seller. Further the complainant has never complained to the OP.1 for such remedy prior to file the case. The OP.1 neither a trader nor a service provider, hence the case is not maintainable and the forum has no jurisdiction to try the case and the complainant wrongly arrayed this OP as a necessary party in the case. Further he specified lengthy details in his counterpart but nothing except evasive denials as well as he prayed to dismiss the case against the OP.1 with cost.
3. The counsel for complainant has filed copy of invoice of the product and an affidavit in support of her complaint. The counsel for OP.1 has filed his counter in the case. The OP.2 absent on call hence he set ex parte. Heard from the complainant & counsel for OP.1 at length and the forum decided to proceed the case as evidences available in record on merit.
4. From the above submissions, it reveals that the complainant being the beneficiary of the product and attracts with the advertisement of OP.1 has ordered for the steel product in question which was ordered on dt.04.08.2017 and delivered on 11.8.17 vide invoice No.847730S002108018 by paying Rs.1499/- which includes the freight charges and when the same opened the complainant found that the products inside the wrapper cover were not in size as advertised by the OP.1 on TV which were like toy of kids and unusable. Hence the complainant without delay complained to the customer care of OP.1 vides phone no.9223516148 requesting to replace and pay off its cost but all her efforts were in vain. It is seen that, the complainant time and again approached the OP.s through phone but the OP.s neither replaced the set nor paid its cost. Perusing the evidences, submissions by the complainant, we are of the view that, the product purchased by the complainant are too short in size and the OP.1 being the supplier of the product failed to render any satisfactory service to the complainant when complained. Thus the complainant suffered mental agony with the useless product, and also inflicted financial losses and valuable times for the negligence and unfair practices of OP.s, hence she takes shelter of this forum under compulsion and prayed for appropriate compensation.
5. The OP.1 contends in his counter that he is just an online platform of the transaction and an intermediary between the seller and purchaser, if any deficiency in service accrued on the complainant, the seller is liable for the same. But in this case we the forum observed that the complainant procured the product by paying consideration/cost to the OP.1, and the OP.1 carrying its business through OP.2 within local limit, hence it is the utmost statutory duty of OP.1 to satisfy the complainant leniently at his level best but the OP.1 fails to render any service in time and compelled the complainant to craves for the leave of this forum. Moreover we have physically verified the product in question and found too tiny and unusable in general. From the above discussions and perusing the submissions made by the complainant, it is noticed that, the OP.s despite receiving notice of this forum are failed to take any positive initiations to satisfy the complainant and there is nothing to reject the contentions of complainant, per se, we feel that the action of OP.1 is arbitrary and unfair, which amounts to deficiency in service hence found guilty under the provisions of the C.P.Act 1986, as thus the complainant is entitled for relief. As such the complaint is allowed against OP.No.1 with costs.
ORDER
i. The opposite party No.1 supra is hereby directed to pay the cost of the product Rs.1499/- (Rupees One Thousand Four hundred & Ninety Nine only), inter alia, to pay Rs.8500/-(Eight thousand & Five hundred) as compensation and Rs.3500/-(Three thousand & five hundred) towards the cost of litigation to the complainant. However later compliance of the above order the OP.1 would have liberty to collect the total awarded sum from the seller/manufacturer of the alleged product through legal procedures within six month of this order.
ii. The OP.1 shall pay the awarded sum to the complainant within 30 days of receipt of this order, failing which, extra amount of Rs.50/- per day shall carry for the lapse period to till its realization. Pronounced on this the 06th day of Feb' 2018.
MEMBER MEMBER PRESIDENT,DCDRF,
Memo No___________/DF Dt…………………
PRESIDENT,DCDRF,
NABARANGPUR.
