Kerala

Thiruvananthapuram

CC/199/2021

Vishnu V K - Complainant(s)

Versus

Manager,Shoeniverse - Opp.Party(s)

14 Jul 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

     SRI.P.V.JAYARAJAN    : PRESIDENT

    SMT.PREETHA G NAIR   : MEMBER

                                 SRI.VIJU.V.R                  : MEMBER

 

CC.NO.199/2021 (Filed on : 02.07.2021)

ORDER DATED : 14.07.2022

COMPLAINANT

        Vishnu.V.K

        Chithira, TC-67/1720 (202(,

        Block 21, Kalladimugham,

        Manacadu.P.O, Thiruvananthapuram

        Pin code – 695009

        (Party in person)

 

                                                     VS

OPPOSITE PARTY

           The Manager,

           Shoeniverse,

           B/803, Shilpraj Apartment, Near Sardar School,

           Rander Road, Adjan Patiya, Surat,

           Pin code - 395001

           (Exparte)     

ORDER

SRI.P.V.JAYARAJAN                : PRESIDENT

         1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

           2. The case of the complainant in short is that the complainant placed order for a shoe through online shopping site of the opposite party namely shoenivers on 23.01.2021 by paying an amount of Rs.1,999/-. But when the complainant received the product, it is noticed that the product delivered was of another brand and hence on 06.02.2021 the complainant returned the product for exchange of getting the actual product for which the complainant placed order. This was done as per the instruction of the opposite party at the expense of the complainant. When the complainant received the product in exchange, the delivery agent demanded Rs.2,199/- as cash on delivery though the complainant has already paid Rs.1,999/- being the cost of the product. As the complainant was not ready to take delivery on cash, the product was returned to the opposite party. At that time though the complainant tried to contact the opposite party, there was no response from the opposite party. Subsequently, the complainant demanded refund of Rs.1,999/- from the opposite party.  The opposite party refused to refund the amount on the ground that there is no refund policy for them. As the complainant lost money and not received the product, alleging deficiency in service on the part of the opposite party, the complainant approached this Commission for redressing his grievances. After admitting the complaint notice was issued to the opposite party. The notice issued from this Commission was accepted by the opposite party, but failed to appear before this Commission on the date fixed for the appearance of the opposite party. Hence on 01.12.2021 the opposite party was called absent and set exparte.

3.   The evidence in this case consists of PW1 and Exts.P1 to P4 on the side of the complainant. The opposite party being declared exparte, there is no oral or documentary evidence on the side of the opposite party.

Points to be considered

1. Whether there is any deficiency in service and unfair trade practice on the part of the opposite party
2. Whether the complainant is entitled to get the relief claimed in the complaint?
3. Order as to cost?

4. Heard. Perused records. To substantiate the case of the complainant the complainant himself sworn an affidavit as PW1 and Exts.P1 to P4 documents were produced and marked. Ext.P1 is the copy of online order details. Ext.P2 is the copy of postal receipt for returned product. Ext.P3 is the copy of message demanding Rs.2199/- as cash on delivery. Ext.P4 is the copy of advocate notice dated 17.02.2021.In the absence of any contra evidence from the side of the opposite party, the evidence adduced by the complainant is unshaken and unchallenged. By swearing an affidavit as PW1 and marking Exts.P1 to P4, we find that the complainant has succeeded in establishing his case put forward against the opposite party in the absence of any contra evidence from the side of the opposite party. From the evidence available before this Commission, we find that there is deficiency in service on the part of the opposite party by which the complainant has suffered mental agony and financial loss. As the loss to the complainant was caused due to the deficiency in service on the part of the opposite party, we find that the opposite party is liable to compensate the complainant. In the above circumstances we find that this is a fit case to be allowed in favour of the complainant.

          In the result, the complaint is allowed. The opposite party is directed to refund of Rs.1,999/- along with Rs.2500/- as compensation and Rs.2500/- being the cost of this proceedings to the complainant within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance / realization.

             A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

    Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 14^th day of July 2022.

                                                                                                Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                         Sd/-

                                                                       PREETHA G NAIR      : MEMBER

                                                                                             Sd/-

                          VIJU.V.R        : MEMBER

Be/

APPENDIX

CC.NO.199/21

List of witness for the complainant

PW1            - Vishnu.V.K

Exhibits for the complainant

Ext.P1         - Copy of online order details.

Ext.P2         - Copy of postal receipt for returned product

Ext.P3         - Copy of message demanding Rs.2199/- as cash on delivery

Ext.P4         - Copy of advocate notice dated 17.02.2021

List of witness for the opposite party – NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                   - NIL

 

 

 

                                                                                             Sd/-

                                                                                      PRESIDENT