SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019,seeking direction against the OP to refund the amount of dress and also pay compensation for mental agony.
Complaint in brief :-
On 26/5/2024, complainant ordered 2 dresses from OP’s online store worth Rs.1099/- and Rs.1600/- respectively. The complainant stated that she ordered medium sized Kurtha set and medium sized co-ord set after ascertaining the size chart provided by OP. The dresses were ordered to an international trip planned on June 15th. The complainant received the dresses with label of “M” size but of large inches. Hence the complainant took a lot of effort to cancel the order and, it was returned to OP after stating the issue. But, unfortunately the product was returned by OP to complainant and the complainant faced hardship and monetary loss due to the deficiency in service from OP. Hence this complaint.
After filing the complaint, commission sent notice to OP. Notice of OP duly served. The OP has not appeared before the commission and not filed any version. Unfortunately the commission had to held that the OP had no version as such in this case came to be proceed against the OP as set ex-parte.
Even though, the OP has remained ex-parte, it is for the complainant to establish the allegation made by her against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce her affidavit along with 5 documents marked as Exts.A1 to A5. Ext.A1 is the copy of purchase payment proof, Ext.A2 is the copy of received churidar measurement, Ext.A3 is the copy of received co-ord set measurement, Ext.A4 is the copy of IHA’s sized chart and Ext. A5 is the copy of whats app message details. The complainant was examined as PW1. So the OP remains absent in this case. At the end the commission heard the case on merit.
Let us have a clear glance in to the documentary evidences before the commission to address whether the OP sustained any grievance as stated in the complaint. Being OP as ex-parte, the commission perused the exhibits produced by complainant accordingly. As per Ext.A1 dtd. 25/4/2024 and 26/5/2024, it is apparent that Rs.1099+Rs.1600/- was credited to the OP’s account. According to complaint and proof affidavit the complainant stated that she ordered medium sized churidar and medium sized Co-ord set after ascertaining the size chart provided by OP. But the complainant received the dress with label of “M” size but of large inches. As per Exts.A2&A3, it is seen that the measurement of received dresses is large size. Ext.A5 , which is the whats app chat message between complainant and OP, reveals that OP agreed to take the dresses back and replied that the return section will contact complainant. Moreover, it is seen that the OP had received dresses from the complainant. The OP redelivered the dresses which was not used by complainant till now. The complainant demanded refund not the product which was not done by OP so far. Even after the payment of full consideration and the specification of size made by complainant, the OP failed to fulfill the contract between complainant and OP. The OP is liable for deficiency in service, as the OP failed to provide proper customer service. Hence the commission came into a conclusion that the OP practiced deficiency in service and the complainant is entitled to refund the amount Rs.1099+Rs.1600/- towards the purchase price of dresses. At the time of payment OP’s at liberty to take back the dresses from the complainant and the complainant is entitled to get compensation for deficiency in service on the part of OP.
In the result complaint is allowed in part. The opposite party is directed to refund the amount Rs.1099+Rs.1600/- towards the purchase price of dresses and also pay Rs.7000/- as compensation and cost of litigation to the complainant within 30 days of receipt of this order. In default the amount of Rs.2,699/- carries 10% interest per annum from the date of order till realization. At the time of payment OP’s at liberty to take back the dresses from the complainant . If the opposite party fails to comply the order, complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019.
Exts:
A1- copy of purchase payment
A2- Copy of received churidar measurement
A3- Copy of received Co-ord measurement
A4-Copy of IHA’s size chart
A5- Copy of whatsapp message
PW1-Sreeja Vinod-Complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
