Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 620
Instituted on : 27.10.2023
Decided on : 29.05.2024.
Bhupender Sharma s/o Sh. Suresh Kumar Village Khidwali District Rohtak at present R/o 1201/20, Prem Nagar Rohtak, Mobile no.7206320100.
………..Complainant.
Vs.
MKOPL, FC-attitudist, Plot no.813, Firni road purani dispensary Panna Kalyan New Delhi-114001 mobile no.7744000072.
…….Respondent/opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Complainant in person.
Opposite party exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that he had purchased a pair of sandals from the website of opposite party on 05.07.2023 for Rs.889/- which were delivered at the address of the complainant. Due to the bad quality of product, complainant sent a refund request to the opposite party through email dated 08.07.2023 which was approved by the opposite party on the same day. A refund coupon no.66547233667 was sent by the opposite party on dated 27.07.2023 which was not a cash payment coupon. So complainant made an objection through email dated 27.07.2023. But no satisfactory reply was received by the complainant so he denied to accept the coupon on 28.07.2023. On 03.08.2023 company sent an email that they only issue discount coupon and do not refund any bank or cash refund which is written on their website. But the alleged policy of the company is against the rights of consumers. The policy of the company bounds the consumers to buy their product whereas the refund should be made in cash to the consumers. Hence this complaint and it is prayed that opposite party may kindly be directed to refund the amount of complainant alongwith interest, compensation and litigation expenses to the complainant.
2. After registration of complaint, notice of the present complaint was issued through email ID. But none appeared on behalf of opposite party and opposite party was proceeded against exparte vide order dated 05.02.2024 of this Commission.
3. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C8 and closed his evidence on 22.03.2024.
4. We have heard the complainant and have gone through material aspects of the case very carefully.
5. In the present case the grievance of the complainant is that he purchased a pair of sandals from the opposite party on 07.07.2023 but due to the inferior quality of sandals, he sent a refund request through email on dated 08.07.2023 to the opposite party but the opposite party instead of refunding the amount, had sent a refund coupon to the complainant. But as the complainant was not satisfied with the product of opposite party, he was not interested to purchase some other product. As such he sought the refund of price but the same has not been given to the complainant despite his repeated requests. We have perused the documents placed on record by the complainant. As per the email Ex.C4, return requested has been approved by the opposite party on 08.07.2024 but as per email Ex.C5 dated 27.7.2024 refund of Rs.889.11 was made in the shape of discount code on the next purchase of the complainant with the opposite party. Meaning thereby the complainant was bound to purchase the product from the opposite party. In this context, it is observed that the complainant would have purchase the other product from the opposite party if there would have been the issue of size or colour etc. But when he was already not satisfied with the quality of product, why he would purchase the another product from the company. Hence the issuance of refund voucher against the amount of Rs.889.11/- by the opposite party is not only illegal but also the violation of consumer rights. On the other hand, opposite party did not appear before this Commission and was proceeded against exparte vide order dated 05.02.2024 of this Commission. As such it is presumed that opposite party has nothing to say in the matter and all the allegations levelled by the complainant against the opposite party stands proved. Hence there is deficiency in service on the part of opposite party and opposite party is liable to refund the amount of Rs.889.11/- to the complainant.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to refund the amount of Rs.889.11(Rupees eight hundred & eighty nine and paisa eleven only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 27.10.2023 till its realisation and also to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
29.05.2024.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member.
