By Sri. Mohamed Ismayil C.V, Member
1.The grievance of the complainant is as follows:-
The complainant purchased two pairs of shoes from Adidas and Reebok companies through on line and paid Rs.2999/- and Rs.2879/- for each pair. Subsequently, complying all return policy of the shoe companies, the complainant returned both products through the opposite party as per the directions of above said shoe companies. The staff of the opposite party collected two pair of shoes from the complainant in order to send back the products to the companies. On 25/11/2019, the complainant received email communication from Adidas Company stating that company is unable process refund/return request as the company received different articles despatched through the opposite party. On 28/11/2019 the complainant also received email communication from Reebok Company stating that refund/return request failed in quality check as the company received product without brand box. After receiving these communications from Adidas and Reebok companies the complainant approached the opposite party to get addressed his grievance. Then it is came to know that the office of the opposite party situated at Edappal removed the brand box of the products, packed and sent the shoes of both companies alternatively. Thus the opposite party failed to deliver their respective shoes to Adidas Company and Reebok Company. The complainant informed both companies that the trouble was caused by the opposite party and requested to return the money paid for shoes. But no action was taken by the shoe companies. So it is prayed by the complainant that he suffered mental agony and financial loss due to the negligent act of the opposite party. So the complainant claimed Rs.2999/- and Rs.2879/-as the cost of the two pairs of shoes and Rs.4121/- as compensation for the mental agony suffered due to the negligent act of the opposite party.
2. The complainant admitted on file and sent notice to the opposite party. The opposite party received notice, but did not turn up before the Commission. So the
Commission set the opposite party exparte.
3. Then complainant filed affidavit and documents. The documents produced by the complainant marked as Ext.A1 to A4. Ext.A1 document is the copy of email communication attached with picture dated 25/11/2019 sent by Adidas Company to the complainant. Ext.A2 document is the copy of email communication dated 28/11/2019 sent by Reebok Company to the complainant. Ext. A3 document is the copy of email communication dated 03/12/2019 sent by the opposite party to the complainant. Ext. A4 document is the copy of SMS communications revealing despatch and delivery of the products by the opposite party to the complainant. The document produced by the complainant proved the case of the complainant. There is no contra evidence against the affidavit and documents of the complainant.
4. Hence the Commission finds the opposite party committed negligence and thereby caused damages to the complainant. So this Commission allows the complaint as follows:-
- The opposite party is directed to pay Rs. 5878/-(Rupees Five thousand eight hundred and seventy eight only) to the complainant as the total cost of two pairs shoes.
- The opposite party is also directed to pay Rs.10,000/-(Rupees Ten thousand only) to the complainant as compensation for mental agony and hardship suffered due to the negligence of the opposite party.
- The opposite party is also directed to pay Rs. 5000/- (Rupees Five thousand only) to the complainant as cost of this proceedings.
The opposite party shall comply this order within one month from the date of
this order, failing which the opposite party shall pay 9% per annum to the complainant from the date of this order till the date of realisation.
Dated this 31st day of August, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A4
Ext. A1 : Copy of email communication along with attached with picture dated
25/11/2019 sent by Adidas Company to the complainant.
Ext.A2 : Copy of email communication dated 28/11/2019 sent by Reebok Company to
the complainant.
Ext. A3 : Copy of email communication dated 03/12/2019 sent by the opposite party
to the complainant.
Ext. A4 : Copy of SMS communications revealing despatch and delivery of the
products by the opposite party to the complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
