SRI. SAJEESH.K.P    : MEMBER

  The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019,seeking  direction against  OP  to refund  Rs.4790/- towards the price of the  saree and to pay Rs.10,000/- as compensation for the  mental agony and hardship  caused to the  complainant .

Complaint in brief:

      According to the complaint ,on 16/11/2023 ,the complainant booked a Saree worth Rs.4790/ through online platform of OP, by seeing the daily advertisement of OP. The complainant paid the amount  on the very same day through Google Pay as the OP preferred prepayment mode .On 20/11/2024, complainant received the parcel and to the dismay of complainant ,the Saree has no required width and this was intimated to OP and returned the parcel to OP. The OP replied to complainant to choose another Saree instead of refund and this was addressed by complainant to the Police and the OP took the same stand. The complainant was deceived by the unfair trade  practice and deficiency in service from the part of OP and thereby complainant sustained hardship and monetary loss and hence this complaint.

    After filing the complaint the Commission sent notice to OP  and the notice returned with an endorsement as’ unclaimed’, hence it is presumed that the notice was duly served and not even  OP  appeared or filed any vakalath or version, the OP set exparte.

   Even though the OP has remained exparte it is for the complainant to establish the allegation made by him against the OP hence the complainant  was called upon to produce evidence in the form of affidavit and documents. The complainant filed his proof affidavit along with   4 documents . Ext. A1 dtd. 16/11/2023-screenshot of google pay, Ext.A2  dtd 20/11/2023 copy of courier receipt ,ExtA3, screenshot of whatsapp chat between complainant and OP.  Ext A4 dtd 23/11/2023 copy of complaint before Asst. Commissioner of Police. The complainant was examined as PW1 and here the OP being exparte, at the end the Commission heard the case on merit.

     Let us have a look into the evidences produced before the Commission to answer whether there is any deficiency in service and unfair trade practice from the side of the OP. Here the OP has given fair chance to appear and defend, but the OP choose to remain as exparte. It is apparent from Ext.A1 that complainant had paid Rs.4790/ on 16/11/2023 at various interval of time to OP and also complainant raised her issue with regard to the saree that it can’t be draped as the saree lacks sufficient width ,is seen in the Ext A3 . Moreover, in Ext A3 it is also seen that OP was not ready to refund the amount and the choice left for complainant to choose another saree. As per Ext A2 which is the courier receipt dtd 20/11/23, it is seen that complainant had returned the parcel to OP. According to Ext A4 dated 23/11/2023,the complainant addressed her grievance before the police and complainant filed the complaint before the Commission on 15/12/2023.From all these available evidences ,the Commission came into a conclusion that OP practiced unfair trade practice and deficiency in service even after the payment of full consideration .Hence the complainant is entitled to get the compensation and cost to the litigation.

          In the result complaint is allowed in part ,Opposite party  is directed to refund the amount of Rs.4790/ which was paid by complainant for the saree which she returned to opposite party and also directed to pay Rs.7000/- as compensation and Rs.5000/- as cost of proceedings to the complainant within 30 days of receipt of this order.  In default, the amount of Rs.4790/- carries interest@ 10% per annum  from the date of order till realization. If the OP fails to comply the order, the complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019. 

Exts:

A1.Scereen shot of google pay

A2- copy of courier receipt

A3-copy of whatsapp screenshot

A4- copy of complaint  before police

PW1- Jisha-.P.M- complainant

Sd/                                                                  Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                        MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR