Haryana

Bhiwani

CC/725/2019

Shalu Rani - Complainant(s)

Versus

Club Factary - Opp.Party(s)

in person

07 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                  Consumer Complaint No. : 725 of 2019

                   Date of Institution             : 27.08.2019

                                                            Date of Decision               : 07.03.2024

 

Shalu Rani daughter of Sh. Rishi Pal R/o village Dhani Chang,Tehsil and District Bhiwani, Haryana.

 

          ……Complainant.

 

Versus

 

1. Club Factory-Country head Gurgaon, Sales, e-commerce, Marketing Operations, Sales Head, Operation Head, Gurgaon.

 

2. Intuitive Commerce Pvt. Ltd., 801, Vakratunda Corporate Park, Goregaon, East Mumbai, Maharashtra-400063 (importer of the product). Manufacturing Country: China.

 

….. Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Complainant in person.

                    Sh. Rahul Kaushik, Adv. for OP No.1.

 

ORDER

 

Saroj Bala Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant put an order for a Saree and one watch through OP No.1 on 15.08.2019 and paid Rs.175 & Rs.294/- through Paytm for the same, respectively. Complainant has alleged that thereafter, someone make fraud in his bank account No.1417000109086458 and withdrawn Rs.4042/-. As per complainant, she got a message on her mobile phone No.9466053010 and she came to know that the fraud has been committed by the OPs and its members. She has alleged that the ordered goods have not been received by her so far. On contacting the OPs, they did not give any response rather misbehaved on phone. Hence, the present complaint has been preferred by complainant seeking directions to OPs to pay the alleged amounts alongwith interest besides Rs.1.00 lac on account of mental and physical harassment.

2.                 Upon notice, OP No.1 filed written statement submitting that complainant operated their website to purchase personal items by doing an online payment for which she and her 9 years son shared the OTP with an unknown person over a phone call after which the amount was deducted from her account. However, the present complaint filed by complainant seeking relief for the alleged deficiency in service on the part of OP.  In the end, prayed for dismissal of the complaint with costs.

3.                 Complainant tendered documents Annexure C-1 & Annexure C-2 in evidence and closed the same.

4.                 No evidence produced on behalf of OP despite availing sufficient opportunities, as such, it was closed by Court vide order dated 07.04.2023.

5.                 We have heard complainant and counsel for OP and perused the record minutely.

6.                 Perusal of bank account statement of complainant (Annexure C-1) reveals that Rs.293.64p. were deducted from her bank account on 15.08.2019, a bill of such amount has also been placed on record which reveals that this amount was paid by complainant for a Saree and the order for the same has been placed on 15.08.2019. This bill has not been disputed by the OP side. Inter alia, the case of complainant is that the saree has not been received by her. 

7.                 In view of the above, we are of the view that the OP has not sent the complainant saree despite taking Rs.294/- from her  which amounts to deficiency in service on their part resulting into monetary loss as well as mental and physical harassment to her. The rest of averments in the complaint qua ordering of a watch and illegally withdrawal of Rs.4042/- are not proved against the OP(s). Accordingly, the complaint is allowed partly and the OP No.1 directed to comply with the following directions within 40 days from the date of order:-

1. To refund Rs.294/- (Rs. Two hundred ninety four) to the complainant alongwith simple interest @ 9% per annum from the date of institution of the complaint till its actual realization.
2. To pay Rs.5000/- (Rs. Five thousand) on account of harassment suffered by complainant.
3. To pay Rs.2000/- (Rs. Two thousand) on account of litigation expenses.

                    In case of default, all the amounts shall fetch simple interest @ 12% per annum for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both. Certified copies of the order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.  

Announced.           

Dated: 07.03.2024