| Final Order / Judgement | IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM C.C.No. 112/2023 PRESENT SMT. S.K.SREELA, B.A.L, LL.B. : PRESIDENT SMT. S.SANDHYA RANI. BSC, LL.B. : MEMBER SRI. STANLY HAROLD, B.A.LL.B. : MEMBER ORDER DATED: 31-07-2023 BETWEEN Mohammed Sabik M.K., Paramukalil veedu, Puthukkodu, Vattathamara P.O., Kollam 691536. : Complainant AND ITRADEIT Axtrax Technologies opc Pvt.Ltd., 17-b, 2nd Floor, Chowrasta Behala, South Kolkata, Kolkata 700008 : Opposite Party ORDER S.K.SREELA, PRESIDENT - This is a complaint filed by complainant in person. The complainant ordered for an iPhone and its charging block for an amount of Rs.58089/- from the online site of the opposite party. The amount for the same was paid through UPI Phone Pay. The delivery date of the product was shown as 2nd January 2023 but the same was not delivered to the complainant as agreed. He contacted the opposite party several times but in vain. That the refund option was also not available on the website. Hence the complainant registered a complaint through National Consumer Helpline. But as there was no response, the complainant was advised to file a complaint through Edaakhil. Hence this complaint for getting the product or refund of money along with compensation.
- The opposite party was duly served notice at the email ID provided by the complainant. However, despite receiving the notice, they chose not to appear before this Commission or submit their version of the events. The service of notice via email has been deemed sufficient and valid, resulting in the opposite party being set ex parte.
- On the other hand, the complainant has diligently fulfilled their part in the proceedings. The complainant filed an affidavit in lieu of chief examination and presented relevant documents marked as Ext.P1 to P7 as evidence to support their case.
- Considering the allegations made against the opposite party, the following issues are raised for consideration:
- Whether there has been any deficiency in service and unfair trade practice on the part of the opposite party.
- Whether the complainant is entitled to the claimed reliefs.
- POINTS (i) to (iii): To facilitate the discussion, points (i) and (ii) are considered together. In the matter of the complaint filed by the complainant, it is pleaded that the complainant ordered an iPhone and its charging block from the online site of the opposite party for a total amount of Rs. 58,089/-. The payment was made through UPI Phone Pay, and the delivery date was indicated as 2nd January 2023. However, the product was not delivered as agreed, despite multiple attempts by the complainant to contact the opposite party. The complainant also states that the refund option was not available on the website, leaving the complainant with limited recourse for redressal. The complainant registered a complaint through the National Consumer Helpline, which did not yield any response. Subsequently, the complainant was advised to file a complaint through Edaakhil, leading to the present complaint seeking either delivery of the product or a refund of the amount, along with compensation.
- Based on Ext.P1, it is evident that the complainant placed an order with order number 12159 on December 26th, 2022, and the status of the order was shown as "currently processing." The opposite party, as indicated in Ext.P1, assured the complainant that the order would be dispatched from their warehouse, and the tracking details would be provided, along with an estimated delivery date. The estimated delivery date mentioned in Ext.P1 for the complainant's order was 02.01.2023. The details of the order provided in Ext.P1 corroborate the complainant's case, stating that he paid a total amount of Rs. 58,089/- (as per Ext.P2) to purchase the iPhone and its related accessories.
- Exts.P1 and Ext.P2 substantiate the complainant's claims regarding the order placement, payment made, and the promised delivery date, forming the basis of the complainant's grievance against the opposite party. Ext.P3 is a crucial receipt that confirms the complainant's payment of Rs. 58,089/- to the opposite party via UPI payment. This receipt serves as evidence of the financial transaction between the complainant and the opposite party, further validating the complainant's claim of making the payment for the iPhone and its accessories.
Moreover, Ext.P6 provides evidence that the complainant had raised a query with the opposite party concerning the non-availability of the ordered product. In response to the complainant's inquiry, the opposite party acknowledged the query and requested the complainant to wait for the product. - The documents, namely Ext.P3 and Ext.P6, strengthen the complainant's case by demonstrating that the payment was indeed made to the opposite party, and the complainant had actively sought clarification regarding the non-delivery of the product. The opposite party's acknowledgment of the query reflects their awareness of the issue raised by the complainant.
- Upon careful consideration of the evidence and circumstances, this Commission finds that the opposite party has failed to fulfil its obligations to deliver the ordered product as agreed upon. The complainant's efforts to seek resolution through the National Consumer Helpline were met with no response, highlighting the lack of regard for consumer grievances by the opposite party. The absence of a refund option on the website further demonstrates a deficiency in the services provided by the opposite party which compounds the issue, causing inconvenience and loss to the complainant.
- Overall, the evidence adduced by the complainant substantiates the complainant's contentions, highlighting the non-delivery of the product and the communication with the opposite party regarding the same. From above it is evident that the complainant has paid the amount as pleaded in his complaint and ordered for an iPhone as mentioned in its complaint.
- The complaint has been filed and contested by a young student who has shown great initiative in representing himself in person. Despite their youth, the student has taken a proactive approach to seek resolution for the matter at hand. This demonstrates their determination and commitment to addressing the issues they have encountered. This Commission acknowledges the complainant's status as a young student and the suffering he has endured due to the opposite party's deficient acts. The failure to receive the ordered product and the subsequent lack of adequate customer support have caused severe mental agony and distress to the complainant.
- The opposite party's non-appearance before this Commission and failure to object to the complaint further indicates a lack of willingness to address the complainant's grievances and cooperate with the redressal process.
- The complainant as a consumer has the right to expect timely delivery of goods as agreed. In this case, the opposite party failed to meet its delivery commitments, leading to a breach of the contract between the parties. Additionally, the absence of a refund option on the website deprives the complainant of a reasonable recourse in case of non-delivery.
- Given the circumstances and the established facts, this Commission finds that the opposite party's actions amount to unfair trade practices and a clear deficiency in service. The complainant is entitled to appropriate relief and compensation for the mental anguish and inconvenience endured.
- In view of the above we find that the complainant is entitled for refund of the amount along with compensation and costs from the opposite party.
- In the result, the opposite party is hereby ordered to refund an amount of Rs.58,089/- along with compensation of Rs.10,000/- and Rs.3,000/- as costs of the proceedings to the complainant. The opposite party shall comply with the order within 45 days of acceptance of copy of this order failing which the amount shall carry interest @ 12 % per annum till realisation.
Dated this the 31st day of July 2023. Sd/- S.K.SREELA PRESIDENT Sd/- S.SANDHYA RANI MEMBER Sd/- STANLY HAROLD MEMBER Forwarded/by Order Senior superintendent | |
