DATE OF DISPOSAL: 22.05.2023
SRI SATISH KUMAR PANIGRAHI, PRESIDENT.
The fact of the case in brief is that the complainant has filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging unfair trade practice by the Opposite Parties (in short O.Ps) and for redressal of her grievance before this Commission.
2. The complainant is a student and bought a t-short from O.P.No.1 on 26.03.2022 for Rs.369/-through online. Due to size of the t-shirt being small the complainant returned the same on 5.4.2022. Return picked up by shadow fax courier boy returned ID:R231435064FPL, After picked up the update received in the O.P.No.1 app that refund will be initiate on 6th April 2022. After few hours the complainant opened the O.P.No.1 app to check the refund status, and then the application was not getting opened. The complainant waited for 30 days and not returned back his amount. Alleging deficiency in service on the part of the O.Ps the complainant prayed to refund cost of t-shirt Rs.369/- and compensation & costs as deems fit in the best interest of justice.
3. Notices were issued against the Opposite Parties but they neither choose to appear nor filed any written version. Hence all the O.Ps set exparte on dated 20.01.2023.
4. To substantiate his case the complainant has filed affidavit in support of her case.
5. On the date of exparte hearing of the case, we heard from the complainant and perused the case record and the materials placed on it. The complainant is a student and bought a t-short from O.P.No.1 on 26.03.2022 for Rs.369/-through online. Due to size of the t-shirt being small the complainant returned the same on 5.4.2022. Return picked up by shadow fax courier boy returned ID:R231435064FPL, After picked up the update received in the O.P.No.1 app that refund will be initiate on 6th April 2022. After few hours the complainant opened the O.P.No.1 app to check the refund status, and then the application was not getting opened. The complainant waited for 30 days and not returned back his amount.
6. We have also thoughtfully considered the submissions made before us by the complainant. It is pertinent to mention here that though opportunity was given to the O.Ps to defend the case but they failed to do so. As such taking the sole testimony of the complainant in to consideration it is presumed that the complainant’s contention is true.
7. On foregoing discussion it is crystal clear that the Ops are negligent in rendering proper service to the complainant. Hence, in our considered view there is deficiency in service on the part of the O.Ps.
8. In the result, the complainant’s case is allowed on exparte against the O.Ps. The O.Ps are jointly and severally liable as such they are directed to pay litigation cost of Rs.500/- to the complainant within 45 days from the date of receipt of this order, failing which all the dues shall carry 12% interest per annum till its actual date of realisation and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all dues. This case is disposed of accordingly.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. A copy of this order be also sent to the Secretary, State Consumer Disputes Rederssal Commission, Odisha, Cuttack for information.
The file is to be consigned to the record room along with a copy of this Judgment.
Pronounced on 22.05.2023
