District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 643/2022.
Date of Institution:02.12.2022.
Date of Order:.17.07.2023.
Santanu Roy & Sumita Roy, House No-214 Ashoka Enclave Part 3. Sector 35, Faridabad 121003.
Versus
Casa Style, Mumbai Building No A, Gala No. 106-111 Harihar Complex, Dapoli Village Mankoli Naka, Bhiwandi, Thane, Pin: 421311.
…Opposite parties
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Complainant in person.
Opposite party ex-parte vide order dated 12.05.2023.
ORDER:
The facts in brief of the complaint are that the complainant had purchased on Sofa-set from online website of the establishment on 31 May 2022. After paying an amount of 21,734/- via online bank transfer from State Bank of India with Reference Number 15259677419. As per communication received prior to making payment from Ms. Nandini (marketing Executive of the Organization) that the item would be delivered in a time span of 10 days and once the primary amount was received the complainant would receive call for any customization if required and accordingly additional payment may be charged. But after 15 days there was no response or call from the establishment, so compliant tried to start communication with the Complainee using all possible modes of communication like e-mail, registered letter, phone calls, what's app etc. none of which bear in any fruitful result and there was no conclusive response from the establishment. Around 15 June 2022 compliant received a call from transporter that one sofa for compliant would be delivered for which compliant gave the address to the driver, but when the units arrived it was found not as per the order what compliant selected in website, so immediately compliant called the concerned person, Complainee accepted that it's not as per order and the same was returned back via the same transporter, there after there was no communication from the company. Reminder email for refund were sent to the Complainee many times in between, to which a response email received on 6 July 2022 demanding additional payment for customization for which there were no information earlier related to the customization, and by that time with the irresponsible behavior of the organization the compliant decided not to proceed further with the order and replied to the complainee for refund via email dated 6th July 2022, after which there was no response from the complainee. Lastly on the Month of August a registered letter/memo was sent to the organization via Trackon courier with AWB Number 1417760269, which was received by the organization on 29 August 2022. To which also there was no response or evidence of response found. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund the amount of Rs.21,734/- p[aid for the purchase via online mode.
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 15,000 /-as litigation expenses.
2. Registered notice and whatsapp notice issued to opposite party on 08.04.2023 not received back back either served or unserved. Case called several times since morning but none has appeared on behalf of opposite party. Complainant filed the tracking report in which the item delivery confirmed. Therefore, opposite party was proceeded against ex-parte vide order dated 12.05.2023.
3. The complainant led evidence in support of his respective version.
4 We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party –Casa Style with the prayer to: a) refund the amount of Rs.21,734/- p[aid for the purchase via online mode. b) pay Rs. 50,000/- as compensation for causing mental agony and harassment . c) pay Rs. 15,000 /-as litigation expenses.
To establish his case, the complainant has led in his evidence Ex.CW1/A – affidavit of Sumita Roy, Ex.C1 - email dated July 6,2022, Ex.C-2 - Account details,, Ex.C-3 – Activity,, Ex.C-4 – Account details,, Ex.C5 – Show POD.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite part.
7. Opposite party is directed to refund an amount of Rs.21,734/- alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite party is also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alongwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 17.07.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
