| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 377 of 11.9.2019 Decided on: 11.6.2021 Manik Makkar aged about 25 years son of Madan lal Makkar, resident of H.No.2929, Near Panjiri Plant,Rajpura Town, District Patiala, Punjab. …………...Complainant Versus - Club Factory India Pvt. Ltd., India Head office, A-16, Ist Floor, Vasant Kunj Marg, Aruna Asaf Ali Marg, Qutab Institutional Area, New Delhi,110067.
- Club Factory India Pvt. Ltd., HNO-B 392, Ist Floor, Nirman Vihar, Near Metro Station, New Delhi East, Delhi, India 110092.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member ARGUED BY Sh.Amandeep Singh Dhaliwal, counsel for complainant. Opposite party No.1 ex-parte. Complaint against OP No.2 has been dismissed as withdrawn vide order dated 12.2.2021. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Manik Makkar (hereinafter referred to as the complainant) against Club Factory India Pvt. Ltd.(hereinafter referred to as the OP/s).
- The brief facts of the case are that on 29.10.2018 the complainant by using the Club Factory Mobile Application ordered Men’s Fashion Hollow-out Quartz Watch from the OPs vide order ID SO60253007 and paid Rs.253/- through Paytm. It is averred that the order received on 11.11.2018 by the mother of the complainant and when the complainant opened the packet, he found that the watch was of inferior quality as to the quality described by the OPs and the complainant applied for the return of the wrist watch vide return ID No.SON18111317054137213 but for this Rs.90/- were deducted as pickup cost from the amount to be refunded and only Rs.163/- were refunded which as per the return policy, if the reason for return is due to the fault of the OP then the pickup of the product would be free. The product in question was picked up on 14.11.2018.The complainant got sent legal notice dated 29.4.2019 to the OPs but the same was not replied by them. There is thus not only deficiency in service on the part of the OPs for supplying inferior quality product but also unfair trade practice byr deducting Rs.90/- as return pickup charges. Hence this complaint with the prayer for giving directions to the OPs to return the deducted amount of Rs.90/- to the complainant and also to pay compensation of Rs.2,00,000/- alongwith interest @18% per annum jointly and separately from the date of purchase of the said product and also to pay Rs.21000/- as litigation expenses.
- Notice of the complaint was duly sent to the OPs through registered post. Notice of OP No.1 did not receive back being unserved. None appeared on behalf of OP No.1 to contest the complaint and was accordingly proceeded against exparte on 9.1.2020. Notice of OP No.2 received back with the report of left. After availing number of opportunities for filing correct address of OP No.2, the ld. counsel for the complainant withdrew the complaint against OP No.2 vide his statement dated 12.2.2021.Accordingly the complaint against OP No.2 was dismissed as withdrawn.
- In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C6 and has closed the evidence.
- We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has argued that the complainant placed an order for the purchase of a wrist watch on the Club Factory Mobile application. The ld. counsel further argued that the watch in question was received by the complainant but it being of inferior quality the complainant placed request for the return of the same vide which the OPs deducted Rs.90/- as return pickup charges and refunded only Rs.163/- to the complainant. Hence the complaint be allowed.
- To prove the complaint, the complainant tendered in evidence his affidavit,Ex.CA and deposed as per the complaint,Ex.C1 is the order details, showing the order number and payment of Rs.253/- on 29.10.2018 through Paytm,Ex.C2 is also the document of payment of Rs.252.32,Ex.C3 is the customer copy of pickup receipt dated 14.11.2018, Ex.C4 is the document of Club Factory,Ex.C5 is the return status vide which pickup charges of Rs.90/- have been deducted and only Rs.163/- have been refunded,Ex.C6 is the legal notice.
- Admittedly the complainant placed order on the Club Factor Mobile Application for the purchase of a wrist watch and paid Rs.253/-.The same being of inferior quality, he placed return request, which was accepted and the OPs received back the product on 14.11.2018.Ex.C5 is the return status vide which Rs.90/- have been deducted and only Rs.163/- have been refunded.Thus by deducted Rs.90/- the OPs committed deficiency in service as well as unfair trade practice on their part.
- The arguments address by the ld. counsel for the complainant and the evidence lead by the complainant are remained unrebutted and uncontroverted as the OP No.1 did not come present to contest the complaint and has chosen to remain absent.
- So the complaint is partly allowed and the OP No.1 is directed to refund the amount of Rs.90/- to the complainant and also to pay Rs.2000/- as compensation and another amount of Rs.2000/- as costs of litigation.
Compliance of the order be made by the OP No.1within a period of 45 days from the date of the receipt of the certified copy of this order. ANNOUNCED DATED:11.6.2021. Vinod Kumar Gulati Jasjit Singh Bhinder Member President | |
