MR. BIBEKANANDA DAS, MEMBER:-
The C.C.Case No. 105/2024 has been filed U/s-35 of C.P.Act, 2019 seeking the following relief;
“ The Op be directed to refund the purchase price of Rs. 2800/- to the Complainant with @12% interest per month and compensation of Rs. 50,000/- be awarded in favour of the Complainant for mental agony & deficiency in service and Rs. 10,000/- be awarded litigation cost.”
Heard the Ld. Counsel for the Op & the complainant himself. Perused the entire the case records and the documents available in record. The case of the Complainant is that he had purchased a one silk saree worth Rs. 2800/- from the Op through On-line and accordingly said the amount to the Op. After that when the Complainant the checked the status, its show that the product was return to seller for which the Complainant lodged a complaint to grievance No. 5850088 with complaint No. 9776556116 but nothing was done at the Op’s end. The Complainant without having any alternative remedies has filed this C.C.Case before this Hon’ble Commission for redressal of grievances.
The Op on the other hand has filed it’s written version stating theirin that the complainant was placed the order on dt. 01.05.2024 & the item was sent on 03.05.2024 and subsequently the same item was cancelled by the Complainant. The Complainant has suppressed the material fact and concealed the real state of affair before this Hon’ble Commission in order the harass the Op and as matter of fact the Op further submitted that she has already refunded an amount of Rs. 2800/- on dt. 10.05.2024 to the Complainant.
From the above facts & circumstances, it is our considered view that since the matter has already been settled between the parties, and it is evident from the record that the Op has already refunded an amount of Rs. 2800/- on dt. 10.05.2024 to the Complainant. So, there is nothing to adjudicate by this Commission.
We are not inclined to award any compensation in favour of the Complainant but however the Op is directed to pay a sum of Rs. 500/- (Five hundred) towards cost of the litigation to the Complainant within a period of one month from the date of receipt of this order, failing which the complainant is at liberty to take step as per the provision of C.P.Act, 2019.
With the aforesaid observation and direction the C.C.Case No. 105/2024 is accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 11th day of November, 2024.
