By Sri. A.S. Subhagan, Member:

            This is an online Complaint filed under Section 35 of the Consumer Protection Act 2019.

            2. Facts of the case in brief:- 

                 The Complainant had purchased some clothing products, online, from the Opposite Party from the online site named KA and KI Fashions.  The total purchase price of the clothing products as narrated in the complaint comes to Rs.8,049/-.  The Opposite Party website also mentioned return policy of products, if the consumer is not satisfied with the products.  After purchase of the products, the Complainant faced some issues with it as the products did not satisfy to the expectations of the Complainant.  The Complainant called to the provided number in the website (7014092224) and requested for return and refund.  But the person asked the Complainant to call another number (9571033045).  Calling that number, the Complainant requested for the return again.  But, they denied and asked the Complainant to call to yet another number (9667464434).  So the Complainant tried calling that number too and requested for return again.  But the Opposite Party denied the return even though their site provided return option.  Although the Complainant had tried the three numbers for return of the products and refund of money, the return service was denied.  There was no statement that “No refund applicable” mentioned under any of the products purchased from the Opposite Party’s website.  But “Refund is applicable” policy was mentioned in the website.  Still, the Opposite Party was not ready to provide the return and refund.  In the case of common people it is not possible to go through in detail for the hiding clauses, if any.  Due to careless behaviour of the Opposite Party, being a female employee, the Complainant suffers mental agony.  She also wasted her precious time and money due to the deficient and negligent services of the Opposite Party.  The Opposite Party has adopted unfair trade practice as well as deficiency in service.  The Respondent was duly bound to take back the products and refund the amount to the Complainant when she had made a request in this regard.    But the Opposite Party intentionally and deliberately rejected the request of the Complainant. Hence this complaint with the following prayers:-

1. To direct the Opposite Party to refund Rs.8,049/-, being the purchase price of the clothing products
2. To direct the Opposite Party to pay compensation of Rs.30,000/- for mental agony, negligence and deficient service and
3. To grant any other relief which the Commission deems fit to grant.

3.  The complaint was registered and notice was served upon the Opposite Party for appearance.   But the Opposite Party did not appear and hence they were set ex-parte.

4.  Affidavit was filed by the Complainant, Exts.A1 to A5 were marked from her side and she was examined as PW1.

5.  The allegation of the Complainant is that though she had purchased some clothing materials amounting to Rs.8,049/- through the online platform having refund policies of the Opposite Party, the Opposite Party denied taking back of the clothing materials as the materials were not to the satisfaction of the Complainant, which is against the refund policy, resulting in negligence and deficiency in service from the part of the Opposite Party.  To substantiate the allegations of the Complainant, she has produced and marked Ext.A1 to A5.  The Opposite Party had the opportunity to contest their case but they did not do so and hence we have no other option than to believe the allegations of the Complainant.  Selling of goods with refund policy and denying to take back the goods and not making refund to the Complainant amount to deficiency in service/unfair trade practice from the side of the Opposite Party for which the Opposite Party is liable and responsible.

In the result, the complaint is allowed and the Opposite Party is ordered

1. To refund Rs.8,049/- (Rupees Eight Thousand and Forty Nine Only), being the purchase price of the clothing materials purchased by the Complainant
2. To pay compensation of Rs.30,000/- (Rupees Thirty Thousand Only) for mental agony, negligence and deficiency in service and
3. To pay Rs.5,000/- (Rupees Five Thousand Only) as cost of this complaint.

The above amounts shall be paid to the Complainant by the Opposite Party within one month from the date of this Order, failing which the amount will carry interest @ 8% per annum from the date of this Order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 24^rd day of November 2022.

Date of Filing:-01.07.2022.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

APPENDIX.

Witness for the Complainant:-

PW1.              V. M. Gayathri Mahesh.                                       Software.

Witness for the Opposite Party:-

                        Nil.

Exhibits for the Complainant:

A1.                  Copy of Bill Received through mail.                  Dt:14.03.2022.

A2.                  Copy of Shipping address and Payment Method.

A3.                  Copy of Return Policy.

A4.                  Copy of Whatsapp Chat.

A5.                  Copy of Reply Mail.                                               28.03.2022.

Exhibits for the Opposite Party:-

                        Nil.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

                                                                                Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.