D.O.F : 04/11/2023
D.O.O : 12/11/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC 353/2023
Dated this, the 12th day of November 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Mohammed Shahad B S
S/o Sulaiman Haji
Shahanaz Manzil
Zeenath Nagar, Bangod,
Thalangara P O
Kasaragod - 671122. : Complainant
And
Just Jaldi
i Trade Internet Pvt Ltd
C-20, G Block, Bandra,
Kurla Complex
Bandra East, Mumbai,
Maharashtra – 400051. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The complainant placed order for Bluetooth wireless earphone on 09/09/2023 from http://www.justjaldi.com by paying Rs. 349/-. While placing the order it is informed that the product will be disbursed within 7 days. When contacted to their customer service number 8291829129, no one attended the call. The complainant had sent email and instagram messages to remind the delivery, opposite party has not responding to the communications. The complainant had given a complaint to National Cyber Crime Portal and came to know that opposite party’s site is functioning now. But so far the product is not delivered. The complainant is seeking a direction against opposite party for a compensation of Rs. 2,00,000/- for the monitory loss and hardships undergone by the complainant due to deficiency in service on the part of opposite party.
Notice of opposite party served, but they were absent. Name called absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination and documents produced are marked as Ext. A1 and A2. The main issues raised for consideration are;
- Whether the complainant is a consumer?
- Whether there is any deficiency in service on the part of opposite party in not delivering the product as offered?
- If so, what is the relief?
For convenience all questions can be discussed together. The complainant had placed order for Bluetooth wireless earphone by paying Rs. 349/- to opposite party through online site. Ext. A1 is the order details and Ext. A2 is the account statement of the complainant from 9 September 2023 to 10 September 2023. The complainant ordered the product by paying the price, so he is a consumer as per the Consumer Protection Act 2019. The opposite party on receiving the amount informed that the product will be delivered within 7 days. The grievance of the complainant is that even after repeated reminders, so far the product is not delivered as offered, price not refunded also. The non-delivery of the product in time amounts to deficiency in service on the part of opposite party. Moreover opposite party has not given any information regarding future delivery of the product after receiving the money amounts to unfair trade practice. This is gross irresponsibility on the part of opposite party which caused monitory loss and mental agony to the complainant. In the absence of rebuttal evidence, the opposite party is bound to compensate the loss and agony undergone by the complainant.
The relief sought by the complainant is Rs. 2,00,000/- for deficiency in service, loss and mental agony. But the complainant has not produced any documentary evidence to prove such a huge loss. Hence this commission holds that an amount of Rs. 10,000/- is a reasonable compensation in this case. The complainant is also entitled for cost of litigation.
Therefore the complaint is partly allowed, directing opposite party to pay an amount Rs. 10,000/- (Rupees Ten thousand only) with a cost of Rs. 3,000/- (Rupees Three thousand) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Order details
A2 – Account statement
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
