By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the the opposite parties to refund the value of the defective product with cost and compensation.
2. Brief of the complaint:- The Opposite Party No. 1, M/s Naaptol Online Shopping Pvt Ltd advertised through the media, a product by name Ultimate Sofa Cum Bed (ltem No. 9356)and made an offer to supply it at a cost of Rs.2,999/- and freight charges Rs.399/-, total being Rs.3,398/- which needs to be paid when the item is delivered (by post). Accordingly Complainant placed an order (Registered as Order Reference No.12519174 in the Invoice No..839981/AP/0334783 dated 11th January 2015). Complainant paid Rs.3398/- and took delivery of the parcel from the post office on 12th January 2015. The parcel contained 1. Ultimate Sofa cum Bed made of plastic like material in a deflated condition, 2. Duel action electronic air pump, 3. Air nozzles. All these items were enclosed a nylon bag. Though mentioned as an item of enclosures in the literature accompanying the parcel, repair kit was not enclosed,which fact was reported in my letter dated 17th January 2015. On inflation, a leak was seen in the backrest of the sofa cum bed. On 17th January 2015 just within five days of supply, yet another leak developed on the seating, Further the backrest bulged out as the partition given internally gave away. Complainant wrote back narrating the whole episode on the very same day by a letter dated 17th January 2015. As there was no response from the Opposite Parties, complainant had sent another letter dated 03.03.2015. Still there was no response and complainant had to send yet another letter dated 13.04.2015 electronically and a hard copy was sent by post. On the very same day a reply came from their E-mail which was read as"Thanks for contacting. We regret the inconvenience caused to you. Please share invoice scan copy and letters mentioned, for further processing". Accordingly the details were sent on the 25th May 2015 electronically. Meanwhile one gentleman by name Asis introducing as Assistant Manager called me and discussed the matter over phone from a Mumbai based No.0226 1436800 who has promised to settle the issue after taking up with Hyderabad based firm. As the Opposite Parties did not respond any further, complainant had sent a letter dated 01.06.2015 electronically copy of which was sent under speed post on 05.06.2015, referring all the previous correspondence and informing, the Opposite Parties that in case the issue is not settled, complainant will be compelled to file a petition before this Honorable Forum to redress my grievance, for which the Opposite Parties,adopting a callous and irresponsible attitude, have not cared to respond so far. Hence filed this complaint to get cost and compensation.
3. Opposite parties notice served and opposite party No.2 not appeared and he is declared ex-parte on 22.06.2016 and opposite party No.1 appeared and filed version denying all the allegation and it is admitted that the opposite party No.1 is working as a marketing platform or service provider and link between buyer and seller and plays the role as per requirement of business model of online shopping. Opposite party No.1 also produced one document as annexure A ie the Challan receipt which clearly mention the name of the seller and also produced annexure B which is the copy of the specification of the said product. Opposite party No.1 also admitted that all the features displayed in the advertisement about the said product are shown as per the information given by the concerned seller/vender. Further it is submitted that there are thousands advertisements published in newspapers and telecasted on television everyday but the right of selection is always retained with the person. In this matter also the complainant has placed his order without any burden and by his own wish and also stated that they have advertised the name of the product, number of items, in the product set, images of the product, price of product, deal code number, terms and conditions, warranty period, running schemes, free items if any telephone number for complainant, email id information of the product.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A5 documents and MO-1 series also marked. Opposite party No.1 not adduced any oral evidence. Ext.A1 is the Invoice dated 10.01.2015 for Rs.3,398/-, wherein customer column shown the complainant's address, sold by column is the address of opposite party No.2 and if undelivered please return to is shown the opposite party No.1's address. Ext.A2 is the copy of complaint given by the complainant dated 17.01.2015 but to whom it is addressed is not seen. Ext.A3 is the copy of complaint given to opposite party No.2 dated 03.03.2015 by the complainant. Ext.A4 is the Copy of complaint given to opposite party No.1 dated 13.04.2015 by the complainant. Ext.A5 is also the copy of complaint given to the opposite party No.1 dated 01.06.2015 by the complainant stating the same allegation. MO-1 series is the product supplied by the opposite parties.
5. On considering the complaint, version, documents and evidences, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the part
of opposite parties?
2. Relief and Cost.
6. Point No.1:- From the complaint, documents and version of opposite party No.1 it is proved that the opposite party No.1 has advertised about the product by media and it is also proved that the guaranty and warranty and conditions also promised through the advertisements. Ext.A1 to A5 shows that within a short span of purchase the product shows defects and it is intimated to the opposite parties through several times but they have not responded and not rectified the defects also.
7. In the circumstances we found that after advertising the quality and guaranty of the product and after sales not responding to clear the defects of the product is a clear case of deficiency of service and unfair trade practice from the side of opposite parties. Hence we found that the advertiser, marketer, seller are jointly and severally liable for all the consequences. Hence the Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found against the opposite parties, they are jointly and severally liable to refund the value of the product with cost and compensation and the complainant is entitled for the same.
In the result, the complaint is partly allowed and the opposite party No.1 and 2 are jointly and severally directed to refund Rs.3,398/- (Rupees Three Thousand Three Hundred and Ninety Eight) with 12% interest from 10.01.2015 and also directed to pay Rs.3,000/- (Rupees Three Thousand) as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings to the complainant within one month from the date of receipt of this Order. The complying party are entitled to take back the MO-1 series produced by the complainant before the Forum. Failing which the complainant is entitled for an interest at the rate of 12% for the whole sum till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 22nd day of September 2016.
Date of Filing: 26.04.2016.
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Thanappan. Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Invoice. Dt:10.01.2015.
A2. Copy of complaint. Dt:17.01.2015.
A3. Copy of complaint. Dt:03.03.2015.
A4. Copy of complaint. Dt:13.04.2015.
A5. copy of complaint. Dt:01.06.2015.
MO-1. Sofa cum bed.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
