Delhi

East Delhi

CC/26/2019

K. SRINIWAS - Complainant(s)

Versus

HOME SHOP 18 - Opp.Party(s)

07 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 26/19

 

Shri K. Srinivasan

S/o Shri Kedaram

170-B, DDA Flats

Ghazipur, Delhi – 110 096                                                      ….Complainant

 

Vs

Home Shop 18

FC-24, Film City

Sector-16A, Noida

Uttar Pradesh                                                                             ….Opponents

 

Date of Institution: 21.01.2019

Judgment Reserved on: 07.02.2020

Judgment Passed on: 11.02.2020

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                           (MEMBER)

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

 

Judgment

Jurisdiction of this Forum has been invoked by Shri K Srinivasan against Home Shop18., OP under Section 12 of the Consumer Protection Act, 1986.

2.       Facts briefly stated are that the complainant on 02.12.2019 had ordered online for a winter coat size 42 cms for Rs.484/- through OP and received the same on 05.12.2018. The mode of payment was Cash on Delivery. When the complainant opened the packet he found that the delivered coat of a smaller size, not as per description and quality as mentioned at the site of OP.

OP was informed on the same day and vide an email dated 08.12.2019, regarding the delivery of inferior quality coat, but the issue was not resolved.

The complainant has stated that since OP had delivered an inferior quality coat and had failed to take corrective measure, it amounted to deficiency in services. Further, the OP had indulged in unfair trade practice by advertising about the quality of the products sold by them.

Hence, the present complaint with prayer for directions to OP to refund Rs.484/- i.e. the cost of the coat, along with Rs.50, 000/- as compensation on account of mental harassment and agony with cost of litigation.

The complainant has annexed the invoice, email dated 08.12.2019 with the complaint.

3.       Notice of the present complaint was served upon OP, none appeared on behalf of OP, neither any reply was filed on their behalf.  Hence, they were proceeded ex-parte

4.       Complainant has filed Ex-parte Evidence and has deposed on oath the contents of his complaint.  He has stated that he had ordered winter coat (size 42 cm, TSX Man’s Nylon Jacket Black XL) from OP.  OP was informed telephonically as well as through email regarding the quality and size of the product.  He has relied on photocopy of ID proof as Annex. CW-1/1, invoice bearing no. TEES/18-19/00404 as Annex. CW-1/2, copy of email dated 05.12.2018 as Annex. CW-1/3 (colly), copy of email dated 08.12.2018 as Annex.CW-1/4.

5.       We have heard the submissions made by the Legal Aid Counsel appearing on behalf of complainant.  The complainant has alleged that the product delivered was of inferior quality.  The complainant has placed on record the email dated 05.12.2018 which bears

“I have ordered for 42cm Winter Coat for Rs. 484/-, where as you have sent 38-40 cm coat.

The delivered coat’s stretches have been removed and it is like a old used coat.

You are requested to replace the same at the earliest.”   

Since, OP have been proceeded ex-parte, the averments made by the complainant have remained un-rebutted.  Failure on the part of OP in delivering the coat of inferior quality / specification amounts to deficiency in service. Therefore, we direct OP to refund Rs. 484/- alongwith Rs. 1,500/- compensation on account of mental agony and harassment.

This order be complied within a period of 30 days from the date of receipt of order.  If not complied, the total amount of Rs. 1984/- shall carry 6% interest from the date of order.            

Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                       (HARPREET KAUR CHARYA)                                     

       MEMBER                                                         MEMBER

 

 

(SUKHDEV SINGH)

PRESIENT