DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Thursday the 30^th day of April 2024

CC.49/2024

Complainant

Abdul Gafoor,

Door No. D8, Hilite Royal Crest,

Chulliyode Road, Kottoli,

Kozhikode - 673016

( By Adv. Smt. Punya. T, Sri. Suman. K )

Opposite Party

Croma, Infinity Retail Ltd,

CIN: U31900 MH 2005 PLC158120,

Unit No. 70/4702, Wings4,

                        7^th Floor, Keledonia, Sahar Road,

Andheri (East), Mumbai - 400069

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

Believing the website ‘croma’ the complainant purchased a Jabra Elite 85t 100-99190000-40 TWS ear buds with Active Noise Cancellation from the official website of the opposite party spending Rs. 9,999/-. On 08/11/2023 the courier was delivered in the address specified in the order. But upon opening the package, the complainant discovered that the ear buds he had ordered were missing. The complainant contacted the opposite party’s customer care service who assured that they would provide a link for him to upload the photos of the package and also promised to replace the product. However, they did not share any links for the complainant to upload the pictures of the package. Later on 09/11/2023 the customer service team of the opposite party contacted the complainant. However, till 11/11/2023 the complainant did not receive any satisfactory response from the opposite party’s customer care service team. On the same day, the complainant sent an e-mail to which they expressed regret for the delay and provided a reference number for the complaint. Thereafter he received an e–mail on 15/11/2023 from the opposite party stating that they tried to contact the complainant through a phone no. 7056444259, but could not connect and requested the complainant to share six side images of the package through a provided link. However, the opposite party did not provide any link for uploading the mentioned images. Instead of contacting the complainant in the correct number the opposite party mistakenly attempted to reach out to a wrong number. On 05/12/2023 when complainant contacted the opposite party, he was informed that the complaint had been closed due to the absence of unboxing video. It is pertinent to note that the opposite party had never asked for an unboxing video of the package till the closing of the complaint. The action of the opposite party amounts to unfair trade practice and deficiency of service. On 08/12/2023, a lawyer notice was issued to the opposite party. Despite receiving the notice, the opposite party has neither responded to the demand nor did they send any reply. Hence the complaint to direct the opposite party to pay an amount of Rs. 9,999/- to the complainant along with compensation of Rs. 25,000/- and cost of the proceedings.

3. The opposite party was set ex-parte.
4. The points that arise for determination in this complaint are;                                                                                                                          1) Whether there was any deficiency of service or unfair trade practice on the part of the opposite party, as alleged?

                  2) Reliefs and costs.

5. The complainant was examined as PW1 and Exts A1 to A5 were marked.
6. Heard.  
7. Point No 1:    The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite party. The specific allegation is that the product ordered was not delivered by the opposite party despite receiving payment. It is alleged that opening the package delivered through courier the product was missing.
8. PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the order confirmation detail, Ext A2 is the copy of e-mail communication dated 11/11/2023, Ext A3 is the copy of the e-mail communication dated 15/11/2023, Ext A4 is the copy of the lawyer notice dated 08/12/2023 and Ext A5 is the draft consignment.
9. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A5. The act of the opposite party in not delivering the product ordered and their further neglect to redress the grievance of the complainant amount to unfair trade practice and deficiency of service. The complainant is entitled to get refund of the price of the product amounting to Rs. 9,999/-. Undoubtedly, the act of the opposite party has resulted in mental agony and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this regard. The complainant is also entitled to get Rs. 3,500/- as cost of the proceedings.     
10. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC. 49/2024 is allowed.

b) The opposite party is hereby directed to pay an amount of Rs. 9,999/-(Rupees nine thousand nine hundred and ninety nine only) to the complainant, being the price of the product.

c) The opposite party is directed to pay amount of Rs. 10,000/-(Rupees ten thousand only) as compensation to the complainant for the mental agony and hardship suffered.

d) The opposite party is directed to pay a sum of Rs. 3,500/- (Rupees three thousand five hundred only) as cost of the proceedings to the complainant.

e) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 9,999/- shall carry an interest of 9% per annum from date of this order till actual payment.

Pronounced in open Commission on this, the 30^th day of April, 2024.

Date of Filing: 25/01/2024

                                          Sd/-                                                           Sd/-                                                   Sd/-

                                 PRESIDENT                                                MEMBER                                       MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Copy of the order confirmation detail.

Ext.A2 – Copy of e-mail communication dated 11/11/2023.

Ext.A3 – Copy of the e-mail communication dated 15/11/2023.

Ext.A4 – Copy of the lawyer notice dated 08/12/2023. 

Ext.A5 – Draft consignment.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Abdul Gafoor, (Complainant)

                                                     Sd/-                                                              Sd/-                                            Sd/-

                                              PRESIDENT                                                 MEMBER                                       MEMBER

True Copy,   

                                                                                                                                                                  Sd/-

                                                                  Assistant Registrar.