Haryana

Karnal

CC/135/2024

Sumit Thakral - Complainant(s)

Versus

LG Logistics India Private Limited - Opp.Party(s)

Ashwani Kumar Popli

26 Jun 2024

ORDER

aBEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.135 of 2024

                                                        Date of instt.11.03.2024

                                                        Date of Decision:26.06.2024

 

Sumit Thakral aged 20 years son of Shri Parveen Kumar, resident of H.No.E-27, SCC Area, Neel Nagarl Nilokheri, District Karnal, Aadhar No.7564-7369-5716.

                                               …….Complainant.

                                              Versus

 

LG Logistics India Pvt. Ltd. Khasra No.31/2/1/2, Vilage Gudhl, Tehsil Tauru, District Nuh PIN 122105 through its Director/ Manager/ CEO)/ Authorized signatory.

                                                                      …..Opposite party.

 

Complaint Under Section 35 of Consumer Protection Act, as amended up-to-date.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

      Dr. Suman Singh…….….Member

 

 Argued by: Shri Ashwani K. Popli, counsel for complainant.

Opposite party proceeded against exparte VOD 22.04.2024.

 

                    (Jaswant Singh President)

ORDER:  

 

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that on 02.12.2023, complainant had placed an order for purchase of six items including two packet of product “Impact Whey Protein 1 KG Mango, which was received on 09.12.2023. The cost of whey protein was to the tune of Rs.5598/-. Due to acne on his face, the complainant approached dermatologist who had advised to avoid dairy product like whey protein etc and on the advise of dermatologist, the complainant through e-mail requested the OP for return of said product and for refund of Rs.5598/-. In response, the OP has sent an e-mail requesting the complainant for sending the product on the address of OP through courier and accordingly, the complainant on 30.12.2023, had sent the products to the OP in unused and pristine condition through courier. The receipt of the courier was shared with the OP. Thereafter, the complainant approached the OP several times for refunding the amount of Rs.5598/- but every time they postponing the matter on one pretext or the other. In this way, there is deficiency in service and unfair trade practice on the part of OP. Thus, the complainant was left with no other alternative except the file the present complaint. Hence, the present complaint.    

2.             Despite service of notice none has appeared on behalf of OP and it opted to be proceeded against exparte, vide order dated 22.04.2024 of the Commission.

3.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of order summary Ex.C1, copy of payment report Ex.C2, copy of shipment detail Ex.C3, copy of delivery report Ex.C4, copy of return slip Ex.C5, copies of correspondence between the complainant and OP through e-mails Ex.C5 to Ex.C12 and closed the evidence on 15.05.2024 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

 

5.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant has purchased two items i.e. i) Creatine Monohydrate Power 500 Gram Unflavoured amounting to Rs.1439/- and alongwith four free items and another ii) Two Impact Whey Protein 1 KG Mango each, amounting to Rs.5598/-. The complainant was advised not to use milk product by a dermatologist, the complainant as per return policy sent the said product back to the OP under their acknowledgment alongwith free of costs product but despite returning the product and repeated request, the complainant did not receive the refund of Rs.5598/-, the cost of product and lastly prayed for allowing the complaint.

 

6.             The complainant has alleged that he has purchased two products and four products were given to him as free of cost and on the advised of dermatologist for not using milk product, he has returned the whey protein alongwith its free products to the OP through courier under their acknowledgement but despite repeated requests refund of Rs.5598/- has not been made to him.

7.             The onus to prove his case was relied upon the complainant. In order to prove his case, the complainant has placed on record copy of placing of order Ex.C1, from which it can be ascertained that the complainant has purchased the whey protein including other product from the OP. From the courier receipt Ex.C5, it has been proved that the complainant has been sent back the product through courier to the address of OP. From the e-mails Ex.C6 to Ex.C12, it has also been proved that the product returned by the complainant has been received by the OP but they did not return the payment of Rs.5598/- to him despite repeated request. To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same.  Hence the act of the OP amounts to deficiency in service and unfair trade practice.

13.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to pay Rs.5598/- (cost of product) alongwith interest @ 9% per annum from 09.12.2023 (date of delivery of product) till its realization, to the complainant. We further direct the OP to pay Rs.3000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

 

Announced

Dated:26.06.2024                                                                     

                                                                   President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

  

(Vineet Kaushik)             (Dr. Suman Singh)

                     Member                         Member