Delhi

North

CC/458/2022

SHASHANK RAI - Complainant(s)

Versus

LT ONLINE STORE - Opp.Party(s)

24 Jul 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

CC No.: 458/2022.

 

Sh. Shashank Rai,

S/o Late Sh. Sheo Kumar Rai,

3^rd floor, 7/33, Roop Nagar,

New Delhi-110007.                                                                     …                                           Complainant

 

                                                                                                Vs

 

LT Online Store,

Podar Chambers, Gr.16,

Store Ln, behind Axis Bank,

Fort, Mumbai,

Maharashtra-400001.

Phone No. 022 66315555      

india@ltonlinestore.in                                                            …                                            Opposite Party

 

 

ORDER

24/07/2023

 

Ashwani Kumar Mehta, Member:

 

(1)          The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the complainant bought a webcam from the online store of the respondent on 12/02/2021. The complainant opted for courier service via DTDC and made a payment of Rs.2014/- via UPI. However, the complainant received no tracking order from the store and he grew suspicious, so he sent a mail to the respondent where he got a reply stating “will dispatch soon”. On 18/02/2021, the complainant logged into the store for checking the order status where he discovered that the order he placed was missing. He enquired to the UPI support to know whether his transaction was successful or not and the support confirmed the success of the payment made and transferred to beneficiary’s account. The complainant contacted a bank official to check as to whether a successful transaction can be reversed or not and the official told him that it’s not possible and advised complainant to report a cyber fraud or to approach a consumer court. The complainant, on 18/02/2021, sent a mail to the respondent along with screenshot of the payment and the order history and he asked the respondent to either refund the amount or provide the product. Due to ongoing second covid pandemic, the complainant could not take any action against the respondent. In August, the complainant came to know about INGRAM portal where consumer complaints can be filed and decided to file the same. The NCH Agent advised the complainant to file a case against the respondent at designated consumer commission as the respondent was giving no reply to the repeated reminders sent to him. Due to the complainant’s on-going academic year, he couldn’t file a case but he also contended that the Hon’ble Supreme Court has extended the period of limitation during the pandemic. The complainant also submits that he filed a complaint on National Cybercrime Portal on 22/10/2022 and received a mail from cyber department, MHA, which conveyed that the complainant’s grievance has been transferred to District Commissionerate G.B. Nagar (Noida, UP). However, no outcome came out, and therefore, he had no other option but to file a case. The complainant contends that there has been deficiency of service on the part of the respondent and this has caused mental harassment to the complainant. The complainant provided the screenshot of the payment made via UPI as well as the transaction made from his bank account. The complainant provided a screenshot of the login page where the order as well as the tracking ID was missing. The complainant provided the mail which he sent to the respondent where he attached all the proof and asked them to perform their part of the contract. After receiving, no reply of the mail, the complainant, on 21/02/2021 sent a legal notice to the respondent via mail. The complainant also provided the legal notice which he sent to the respondent. The complainant also provided the remarks made by the NCH agent. The email which he sent on National Cybercrime Portal as well as the mails received are provided.

 

2.            Accordingly, notice was issued to the OP to defend the complaint before the commission but the OP neither appeared nor did it send any communication despite service of the notice. Since the OP chose not to appear despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records which is sufficient to prove that the Opposite Party failed to deliver the ordered item to the complainant. Therefore, we are of the considered view that the complainant has suffered directly due to deficient service of the OP (M/s LT Online Store) in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.               

4.            Therefore, we feel appropriate to direct the OP (M/s LT Online Store) to refund Rs.2014/- (Rupees Two Thousand Fourteen only) within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 20-12-2022 (date of filing of complaint) till the date of the payment. Besides, the OP is also directed to pay Rs.10,000/- (Rupees Ten Thousand only) as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

5.            Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

            ASHWANI KUMAR MEHTA                                                                  HARPREET KAUR CHARYA

                     Member                                                                                                              Member                                                                        DCDRC-1 (North)                                                                                             DCDRC-1 (North)

 

DIVYA JYOTI JAIPURIAR

President 

DCDRC-1 (North)