Punjab

Ludhiana

CC/21/423

Sambhav Jain - Complainant(s)

Versus

LT Online Store - Opp.Party(s)

Rajinder Pal

27 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:423 dated 14.09.2021.                                                         Date of decision: 27.01.2023.

 

Sambhav Jain s/o. Shri Ashok Kumar Jain, C/o. M/s. Top Gear Fashions, Bahadur Ke Road, Ludhiana-141008.                                                                                                                                                          .…Complainant

                                                Versus

LT Online Store, having its Headquarter at Gr.17 Podar Chamber, Store Lane, Near RI, Behind Axis Bank, Fort, Mumbai, Maharashtra-400001, through its chief Executive Director/Proprietor.

                                                                                       …..Opposite party

Complaint Under Section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Mukesh Sharma, Advocate.

For OP                           :         Exparte.

 

ORDER

PER JASWINDER SINGH, MEMBER

 

1.                In brief, the facts of the complaint are that opposite party has been running online store under the name and style of LT Online Store for online sale of various products of different kinds. On 05.03.2021, the complainant placed an online order No.20-21-261132 with the opposite party for purchase of HP11 Print Head, Black C4801A. The complainant submitted that the payment of the entire sale price of Rs.10,831.22 has paid immediately online to the opposite party and as per the terms and conditions of the said order, the print head was to be delivered at the address of the complainant within 2-3 days. However, after placing the said order and in spite of making entire payment to the opposite party, the product was never delivered to the complainant. The complainant repeatedly made request to the opposite party through emails to update the status of the order and to deliver the product but the opposite party neither delivered the product nor replied to the emails. The complainant was initially constrained to cancel the said order vide email dated 15.03.2021 and when no satisfactory response was received from the opposite party regarding refund of amount of the product the complainant sent another email to the opposite party to take legal action against it. The complainant also made several telephonic calls to Customer Care Number of opposite party but the complainant has not received any intimation from opposite party regarding non-delivery of the product or for refund of the sale price paid by the complainant. The complainant has further stated that the opposite party has withheld the amount of Rs.10,831.22 with it despite cancellation of the order and this act of the opposite party amounts to unfair trade practice and deficiency in service on its part due to which the complainant has suffered mental stress and agony for which the complainant is entitled for compensation of Rs.1,00,000/-. The complainant also sent a legal notice dated 0707.2021 upon the opposite party through registered post but no reply was received from the opposite party. Hence this complaint whereby the complainant has sought direction to the opposite party to refund the amount of Rs.10,831.22 along with interest @18% per annum and compensation of Rs.1,00,000/- besides litigation expenses ofRs.22,000/-.

2.                Notice was sent to the opposite party on 22.09.2021 but none turned up on behalf of the opposite parties and as such, the opposite parties were proceeded against exparte vide order dated 10.01.2022.

3.                In support of his claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy online order dated 05.03.2021, Ex. C2 is the copy of statement of credit card of the complainant, Ex. C3 and Ex. C4 are the copies of emails, Ex. C5 is the legal notice dated 07.07.2021, Ex. C6 is the postal receipt and closed the evidence.

4.                We have heard the exparte arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents produced on record by the complainant.

5.                Section 2(16) of the Consumer Protection Act 2019 provides definition of e-commerce which has been reproduced as under:-

          16.     “e-commerce “ means buying or selling of goods or services                        including digital products over digital or electronic network.”

Department of Consumer Affairs of Central Government has issued detailed guidelines for “e-commerce called Consumer Protection Commerce Rules, 2020 it has been provided under these rules that e-commerce entity shall provide all information related to its business on its platform and it shall also establish Consumer Grievance Redressal Mechanism which shall redress the consumer complaint within one month from the date of receipt of the complaint. It has been further stated that e-commerce entity shall not charge the consumer for cancellation of goods after making a purchase unless the e-commerce entity has to bear the charge for cancellation of goods booked. The violation of these rules will entail the action under Consumer Protection Act.

6.                Admittedly, the product was ordered online  on 05.03.2021 and the complainant had been representing his case firstly for delivery of the article and then for cancellation of the order and refund of the price since 15.03.2021 due to non delivery of the product by the opposite party but the opposite party did not redress his grievance within the time stipulated in the guidelines and has entailed itself for the action under Consumer Protection Act.

7.                Perusal of uncontroverted evidence furnished by the complainant shows that he had been sincerely making efforts first for the delivery of the printer and then for the refund of the amount. The opposite party/its representative/agent had adopted delaying tactics from the word go and it is evident that the whole ploy was hatched just to enrich dishonestly. The complainant has not only suffered financially but has undergone mental agony and harassment at the hands of the opposite party. The chronology of the events clearly shows that there is an unfair trade practice and deficiency of service on the part of the opposite party.

8.                As a result of above discussion, the complaint is allowed exparte with an order that the opposite party shall refund a sum of Rs.10,831.22 to the complainant with interest @8% per annum from the date of deposit till the date of actual payment. The opposite party shall further pay a composite cost of Rs.5000/- (Rupees Five Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

9.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                       President         

 

Announced in Open Commission.

Dated:27.01.2023.

Gobind Ram.

 

 

Sambhav Jain Vs LT Online Store                        CC/21/423

Present:       Sh. Mukesh Sharma, Advocate for complainant.

                   OP exparte.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with an order that the opposite party shall refund a sum of Rs.10,831.22 to the complainant with interest @8% per annum from the date of deposit till the date of actual payment. The opposite party shall further pay a composite cost of Rs.5000/- (Rupees Five Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                       Member                     Member                                       President         

 

Announced in Open Commission.

Dated:27.01.2023.

Gobind Ram.