12.....04.04.2022....
Today is fixed for delivery of judgment/final order.
Final order is ready. It is sealed, signed and delivered in open Forum/Commission.
It is ordered that,
That the complaint be and the same is allowed exparte against the OP without cost. OP is directed to refund Rs.1149/- to complainant with 6% interest p.a. from 24.02.2020 till disposal of the case within 60 days from the date of this order.
OP is also directed to pay Rs.2,000/- only as compensation for causing mental pain and agony to complainant within 60 days from the date of this order.
Complainant is at liberty to put the order into execution to recover the amount through instrumentality of the commission.
Let a copy of the order be supplied free of cost to the parties concerned.
The final order will be available in the following website www.confonet.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 60 OF 2021
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
30.04.2021 12.05.2021 04.04.2022
Present : President : Debasish Bandyopadhyay
Member : Jagdish Chandra Barman
Member : Sangita Paul
COMPLAINANT : Rajia Akhter , Wife of Sheikh Rajib Akhter
residing at Benerjeepara, P.O. – Boral, P.S. –
Narendrapur, District- South 24-parganas,
Pin – 700 154.
Versus
O.P/O.Ps :1. Crazen Demand Company
at B/24, First aFloor, Shubham Industrial, Saniya Hemad, Kosmada Road, Kosmada, Gujarat – 395 006.
Smt. Sangita Paul, Member
This is a case filed by Mrs. Rajia Akhter W/o. Sheikh Rajib Akhtar residing at Banerjeepara, P.O. Boral, P.S. –Narendrapur, Dist. – 24 Parganas (South), Pin – 700 154, with a direction to the OP to refund the amount paid by complainant and to pay a compensation for her harassment.
Complainant, a married lady was intended to buy a saree. Being attracted by the lucrative advertisement, she was inclined to buy a saree from Crazen Demand company, She saw many pictures of sarees among them. She had purchased a blue soft silk saree from that company. The date of purchase was 20.02.2020. The company is situated at Gujarat. Complainant received the saree on 24.02.2020. The article was delivered to complainant’s name. Complainant was told to pay cash. Complainant paid cash after receiving the saree. After receiving the saree, complainant opened the packet. She became speechless. She saw that she had received a totally different saree. Colour of the saree which she received was totally different. The colour of the saree which she received was green. That saree was not booked by complainant. She booked a blue soft silk saree with pink border. Complainant did not like the saree. She contacted with the company for several times over telephone. As the company was situated at Gujarat, she was unable to go there. Telephone was the only source of contact. The OP had malafide intention. The opposite party did not pick up the phone. Complainant failed to contact with them. The company did not receive complainant’s call.
Complainant lodged a complaint to National Consumer Disputes Redressal Commission on 24.02.2020. Complainant also received the saree on 24.02.2020. Her complaint was lodged successfully to National Consumer Disputes Redressal Commission (NCDRC). The docket No. of the complainant is 1925792. National Consumer Disputes Redressal Commisison (NCDRC) sent an e-mail to the OP company, Crazen Demand Company. But the company did not care to answer. As the company did not respond over phone, complainant sent a letter to the company, but the same had been returned back to the complainant’s address with postal endorsement ‘insufficient address’. Complainant could not understand what was to be done.
After few days, she received a phone call from the number 9664704455 on 02.02.2021, just one year after the purchase of the saree, complainant was sent an address over phone. The address is B/24, First Floor, Subham Industrial, Saniya Hemad, Kosmada Road, Kosmada, Gujarat – 395 006. The company assured complainant of refunding money. The company also told complainant to return the saree. Then only, the company would give the money back, to complainant. The price of the saree is Rs.1149/-. Complainant was told by the company personally that she would get the full amount of Rs.1149 back. Complainant sent the saree on 05.02.2021, just after three days from the phone call through renowned courier company. To make complainant sure of the said delivery, the courier company gave complainant the track report. From the track report, it is evident that the saree, sent by complainant was received by Crazen Demand Company. After getting assurance from the courier company, complainant contacted with the OP company. The phone number was 9664704455. Complainant failed to contact with them. Whenever complainant wanted to talk to them, the phone was either switched off or no one received the phone call. She tried for several times, but with no result. The company received the disputed saree sent by complainant, but complainant never get her money back. The company neither sent the right saree to complainant, nor did she get the money back.
Under this circumstance, complainant lodged this case. Hence, complainant prays for a direction to be given to the OP Company for refunding the money and she also prays for a compensation for her harassment, mental pain and agony. The cause of action started on and from 24.02.2020 and is still continuing. The residence of complainant is very well within the jurisdiction of Ld. District Consumer Disputes Redressal Commission, Baruipur.
The case was admitted on 29.06.2021. On 24.08.2021, complainant received notice for delivery. On 29.09.2021, complainant files postal tracka report showing service of notice upon the OP. But none appears on behalf of the OP. The OP failed to appear before the Ld. Commission.
Points of Discussion :
- Is the complainant a consumer ?
- Is the OP guilty of deficiency in service and unfair trade apractice ?
- Is the complainant entitled to get relief as prayed for ?
Decision with Reasons
- On perusal of existing records and documents , it appears that complainant is customer of Crazy Saree Company. The said company is situated at Gujarat. Complainant purchased a blue soft silk saree from that company on 20.02.2020. The details of the product are as follows : Complainant, Mrs. Rajia Akhter is the purchaser of blue soft silk saree with pink border. The price of the article is Rs. 1149/-. Complainant paid in cash. The product ID is CS0005905 dated 20.02.2020. Complainant paid in full. She received the saree i.e. 24.02.2020, when the packed was handed over to her, she did not check the contents of the article. It was delivered to complainant and complainant paid in cash. Complainant paid Rs.1149/-. The saree was delivered to her address successfully. Complainant could not imagine that she would be delivered a totally different saree. The colour of the saree which she ordered for was totally different from the saree which was delivered to her. She ordered for a blue soft silk saree and she received a green saree. The quality of the saree which she was delivered to was different from the quality of the saree which she ordered. She wanted to contact with the company, situated at Gujarat. Because she paid Rs.1149/- for purchasing blue soft silk saree. As she paid for the article, she is a consumer. So the first point is settled in favour of complainant.
- Complainant intended to purchase a blue soft silk saree from Crazon Demand Company seeing the advertisement, she bought the article. She was delivered a totally different saree. She ordered for a blue soft silk saree. The product ID was CS0005905 dated 20.02.2020. She received a green saree, the quality and texture of that saree were different from the one which she had ordered. Each and everty article had a product ID, So there is no chance of sending wrong saree to the customer. Though they have sent a different article, they should have corrected it by sending a right saree. But the opposite party failed to do so. Complainant lodged a complainant to National Consumer Disputes Redressal Commission. Ld. NCDRC sent a mail to the company. They did not care to reply. Complainant’s grievance was not redressed. Complainant, herself also sent a letter to the company. But the letter was returned to the addressee. After few days, complainant received a phone call from the number 9664704455. Complainant was given an address for correspondence. This address was different from the earlier address. In the telephonic conversation, complainant was assured that she would get her money back, if she would return the saree which was delivered to her mistakenly. Complainant sent the saree according to the new address. Complainant sent the saree on 05.02.2021 through courier. The OP received the saree. It was the duty of the OP to send the amount of Rs.1149/- to complainant. Even after a lapse of one year, complainant is yet to receive Rs.1149/-. Complainant called the comp-any. But the company did not receive the phone call. It is nothing but unfair trade practice and deficiency in service adopted by the OP company. The saree was received by them, but the OP did not send complainant’s money, so the 2nd point is settled.
- The OPs are guilty of deficiency in service and unfair Trade Practice. They did not return complainant’s money. They did not send the right saree. If the complainant would have received the money, she would have no grievance. But complainant is deprived of getting the saree. The price of the saree i.e. Rs.1149/- was not refunded to her. As a result, complainant is entitled to get compensation. The 3rd point is settled in favour of complainant.
In the result, complaint succeeds.
Hence,
ORDERED
That the complaint be and the same is allowed exparte against the OP without cost. OP is directed to refund Rs.1149/- to complainant with 6% interest p.a. from 24.02.2020 till disposal of the case within 60 days from the date of this order.
OP is also directed to pay Rs.2,000/- only as compensation for causing mental pain and agony to complainant within 60 days from the date of this order.
Complainant is at liberty to put the order into execution to recover the amount through instrumentality of the commission.
Let a copy of the order be supplied free of cost to the parties concerned.
The final order will be available in the following website www.confonet.in.
