DATE OF DISPOSAL: 09.07.2024.

PER:  SRI SATISH KUMAR PANIGRAHI, PRESIDENT

            The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Parties  (in short O.Ps.) for redressal of his grievance before this Commission.

            2. The complainant purchased a men’s Levi’s slim Men Blue jeans of Rs.945/- on 7.10.2023. But due to not fitting of the pant, the complainant raised return request to the Opposite Parties on 14.10.2023. The O.P.No.2 picked up the product bearing pin number 154 from the complainant on the same day. But it was rejected by the O.Ps due to mis-match of the product. Now the product is with O.P.No.2, even after reject they did not returned it to the complainant. Hence, the complainant complained many times to the Opposite Parties to refund the amount of the jean but all in vain. Alleging deficiency in service on the part of the O.Ps the complainant prayed to refund the costs of the Blue jean Rs.945/-with 18% interest, compensation of Rs.10,000/- and cost of Rs.1000/- in the best interest of justice.

            3. The Commission admitted the case and issued notice to the Opposite Parties. But nobody appeared in this case and no steps filed in any point of time within the stipulated period of the Consumer Protection Act, 2019.   

            4. On the date of hearing the Commission heard from the complainant in person and perused the record. It is found that the Commission allowed ample of opportunities to the O.Ps but they did not filed any objection to the complaint on receipt of the notices. As such taking the sole testimony of the complainant in to consideration it is presumed that the complainant’s contention is true.

            5. On foregoing discussion it is crystal clear that the O.Ps are negligent in rendering proper service to the complainant. Inordinate delay in refunding of amount proves the deficient in service and unfair trade practice.   Hence in our considered view there is deficiency in service on the part of the O.Ps.

In the result, the complainant’s case is allowed on exparte against the O.Ps. The O.Ps are jointly and severally liable as such they are directed to refund Rs.945/- together with compensation of Rs.7000/- and litigation cost of Rs.1000/- to the complainant within 45 days from the date of receipt of this order, failing which all the dues shall be realized at the rate of 9% interest per annum and the complainant is at liberty to recover the said amount from the O.Ps in accordance to the Section 71/72 of the Consumer Protection Act, 2019.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 09.07.2024.