DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Wednesday, the 31st day of July 2024
CC. 193/2023
Complainant
Vasu Chaliyanpurath,
CLEEM 14/1137, Paroppadi,
P.O. Merikunnu,
Kozhikode – 673 012.
Opposite Party
JIO Mart India,
3rd floor, Coourt House,
Lokamanya Tilak Marg,
Dhobi – Talao,
Mumbai – 400 002,
Maharashtra.
(By Adv. Sri. Firoz. T and Adv. Sri. Awanish Srivastava)
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 11/03/2023 the complainant ordered 3 dry fruits from Jiomart online portal such us 1kg dates, 1kg cashew nut and 1kg black raisins. He paid a total amount of Rs. 1,607/- for the items. But the opposite party delivered only 1kg dates and 1kg black raisins on 17/03/2023 and 18/03/2023 respectively. The cashew nut ordered is not supplied till date. The complainant contacted the opposite party several times via e-mail, but his grievance was not redressed. Hence the complaint claiming compensation of Rs. 5,000/- for the mental torture and grievances.
- The opposite party has resisted the complaint by filing written version wherein all the allegations and claims made against them are denied. According to the opposite party, the grievance raised by the complainant has been duly resolved. The amount of Rs. 760/- was refunded to the complainant. So there is no pending grievance. In fact, the complainant contacted the opposite party one day after the specified return period had ended. However, as a gesture of goodwill, a refund of Rs. 760/- had already been made to the complainant. Jiomart platform is an electronic platform which acts as an intermediary to facilitate sale transactions between independent third party sellers and independent end customers. The sellers are separate entities. The opposite party did not sell the alleged product to the complainant. There is no deficiency of service or unfair trade practice on the part of the opposite party. With the above contentions, the opposite party prays for dismissal of the complaint with costs.
- The points that arise for determination in this complaint are;
- Whether there was any deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.
- The evidence consists of the oral evidence of PW1 and Ext A1 to A3 on the side of the complainant. The opposite party did not adduce any evidence.
- Heard both sides. The opposite party has filed argument note.
- Point No 1: The complainant has approached this Commission alleging deficiency of service on the part of the opposite party. The specific allegation is that the cashew nut ordered by him is not supplied by the opposite party and there was neglect on their part to address his concerns in this regard despite repeated requests.
- In order to substantiate his case, the complainant got himself examined as PW1, who has filed proof affidavit and deposed in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the tax invoice dated 12/03/2023 and Ext A2 and Ext A3 are the copies of the bank statement.
- Going by the written version of the opposite party, it can be seen that the opposite party has rather admitted the allegation in the complaint with regard to non-supply of the cashew nut ordered. It has come out in evidence and is admitted by PW1 that after institution of the present complaint, on 09/06/2023 Rs. 760/-, being the price of the cashew nut not delivered, was refunded to the complainant by the opposite party. From the evidence in hand and the admission of the opposite party, we have no hesitation to hold that there was negligence and deficiency of service on the part of the opposite party in delivering the product ordered and also in the prompt redressal of the grievance of the complainant. Undoubtedly, the complainant was put to mental agony and inconvenience due to the negligence and deficient service of the opposite party, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 2,500/- will be reasonable compensation in this regard.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.193/2023 is allowed in part.
b) The opposite party is hereby directed to pay a sum of Rs. 2,500/- (Rupees two thousand five hundred only) as compensation to the complainant for the mental agony and inconvenience suffered.
c) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 2,500/- shall carry an interest of 9% per annum from the date of this order till actual payment.
d) No order as to costs.
Pronounced in open Commission on this, the 31th day of July, 2024.
Date of Filing: 22/05/2023
Sd/- Sd/-
PRESIDENT MEMBER
APPENDIX
Exhibits for the Complainant:
Ext A1 - Copy of the tax invoice dated 12/03/2023.
Ext A2 - Copy of the bank statement.
Ext A3 - Copy of the bank statement.
Exhibits for the Opposite Party
NIL
Witnesses for the Complainant
PW1 - Vasu Chaliyanpurath (Complainant)
Witnesses for the opposite party
NIL
Sd/- Sd/-
PRESIDENT MEMBER
True Copy,
Sd/-
Assistant Registrar.
