Haryana

Panchkula

CC/159/2023

IM SHARMA - Complainant(s)

Versus

JIO MART ETA ECOM - Opp.Party(s)

IN PERSON

23 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA.

IM Sharma aged 69 years son of Late Sh. RP Sharma resident of Hose No.543, Sector-12A, Panckkula.

    ..….Complainant

Versus                                                                  

Jio Mart, ETA Ecom, Warehouse 11, Pila Bungalow, Sion Bandra link road, Dharavi Mumabi, Maharashtra-400017

                                                                          ……Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

Before:              Sh. Satpal, President.

                         Dr. Sushma Garg, Member.

                         Dr. Barhm Parkash Yadav, Member. 

For the Parties:   Complainant in person.

                        OP ex-parte vide order dated 03.11.2023.

ORDER

(Satpal, President)

1.Briefly stated, the facts, as alleged in the present complaint, are that an online order was placed by the complainant on 06.06.2023 on the site of OP seeking the delivery of one no. Scissors Professional hair clipper for men, waterproof hair trimmer and precision clipper, cordless rechargeable barber electric shaver, 1 mm t-blade beard trimmer; an advance payment in full of Rs.379/-as cost quoted by the supplier was made to the OP. The complainant received the said product on 09.06.2023. After using it, when the complainant noticed that the product had stopped working, he tried to lodge a complaint on 16.06.2023 on the Jio Mart App. but was not successful in his effort. It is stated that the complainant telephoned the Jio Mart helpline no. 18008901222 and explained the problem faced by him qua the product and requested to return and refund the amount as the product supplied was not of good quality as it was not working properly. The complainant requested to get the product replaced, which too, was denied. It is stated that the complainant sent emails on 17^th, 18^th and 19^th June, 2023 at

2.Notice was issued to the OP through registered post, which was not received back either served or unserved despite the expiry of 30 days from the issuance of notice to OP; hence, it was deemed to be served and thus, due to non appearance of OP, it was proceeded ex-parte by this Commission vide its order dated 03.11.2023.

3.The complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-4 in evidence and closed the evidence by making a separate statement.

4.We have heard the complainant and gone through the entire record available on file, minutely and carefully.

5. During arguments, the complainant has reiterated the averments as made in the complaint as also in his affidavit (Annexure C-A) and contended that the defective product was supplied by the OP to him. It is contended that the defects of product were conveyed to OP through helpline no.18008901222 as also through email sent on 17.06.2023, 18.06.2023 & 19.06.2023 but the issue raised qua the defective product was not resolved and thus, it is prayed that the complaint is liable to be accepted by granting the relief as claimed for in the complaint.   

6.The OP has preferred not to contest the present complaint by remaining absent despite service of notice and accordingly, it was proceeded ex-parte vide order dated 03.11.2013 and thus, the assertions made by the complainant against it go unrebutted and uncontroverted.

7.Evidently, as per invoice(Annexure C-1), an Order ID- 16860226810038332M was placed on 06.06.2023 by the complainant seeking the delivery of the product, namely, Scissors Professional hair clipper for men, waterproof hair trimmer and precision clipper, cordless rechargeable barber electric shaver, 1 mm-t-blade beard trimmer. It is also evident that the payment of sum of Rs.379/- in lieu of the said product was made by the complainant. On 17.06.2023, the complainant, pointing out the defects in the product, sent the email to OP, which reads as under:-

          This is with reference to may purchase of hair trimmer with order id 1686022……38332M which I find is a very poor quality product.

          As I have been trying to return the product, I am informed that the product is non returnable where as while placing the order I noticed that the product can be returned with 10 days.

Can something be done for this product?

Kindly advise.

                On 18.06.2023 and 19.06.2023, the OP had sent the email to the complainant informing him that the issue raised by him had been resolved. In response to the said emails, the complainant sent the email asking the OP as to what resolution had been given to him. The said email reads as under:-

        “You are repeatedly saying the issue is resolved.

          Kindly inform what resolution have you given to me”.

8.As per above it is clear that the OP had failed to resolve the issue of defective product and had wrongly stated vide email dated 18.06.2023(Annexure C-3) and 19.06.2023(Annexure C-4) that the issue had been resolved.

9.In view of the fact that the OP has neither responded to the notice nor has it opted to controvert the precise cognizable averments made by the complainant having a very relevant bearing upon the adjudication of the grievance, the only distilled view is that the complainant has been able to prove the genuineness of the grievance that the OP had committed deficiency in service, the manner whereof has been detailed in the complaint, as also the affidavit in support thereof. Thus, we hold that the OP is liable for the deficiency and unfair trade practice. Hence, the complainant is entitled to relief.

10.As a sequel to the above discussion, we partly allow the present complaint with the following directions against OP:-

1. To pay/refund a sum of Rs.379/- along with interest @9% per annum(simple interest) to the complainant from the date of filing of the complaint till its realization.
2. To pay a lump sum compensation of Rs.3,000/- to the complainant on account of mental agony, harassment and litigation charges.

11.The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order failing which the complainant shall also be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on: 23.02.2024

     Dr.Barhm Parkash Yadav           Dr.Sushma Garg          Satpal

                  Member                        Member                         President

Note: Each and every page of this order has been duly signed by me.

                                             Satpal

                                            President

CC.159 of 2023

Present:             Complainant in person.

                        OP ex parte vide order dated 03.11.2023

                       Arguments heard. Vide a separate order of even date, the present complaint is hereby partly allowed against OP with costs.

                         A copy of the order be sent to the parties free of costs and the file be consigned to the record room after due compliance.

Dt. 23.02.2024

       Dr.Barhm Parkash Yadav       Dr.Sushma Garg             Satpal

                       Member                            Member                         President