Complaints filed on: 15-03-2023

                                                      Disposed on: 26-07-2023

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

          DATED THIS THE 26^th DAY OF JULY 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

CC.No.40/2023

Sri. Chandrashekhar .C

S/o K.Chennaiah, Hanuman Nilaya,

Near Abhaya Anjeneya Swamy Temple,

PNR Palya, Tumakuru-572 106.

Karnataka.

……….Complainant

(By Sri. Ravikumar .C, Advocate)

V/s

Meesho Payment Private Limited,

06-105-C, 06-102(138 WU), Vyshnavi

Signature, No.78/9, Outer Ring Road,

Bellanduru, Varthur Hobli,

Bengaluru-560 103,

Karnataka.

……….Opposite Party

(Served – Absent)

:ORDER:

BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint has been filed by the complainant against the OP U/s 35 of the Consumer Protection Act 2019 with a prayer to direct the OP to pay a sum of Rs.15,150/- paid by him for purchase of camera along with interest, Rs.20,000/- towards advocate fee and for filing complaint and Rs.4,50,000/- towards compensation. 

2.       The brief facts of the complaint are as under:-

The complainant booked Sony Alpha ILCE-7M4K Full frame Hybrid camera through his son at 8.56 AM on 28.08.2022 in Meesho online store for Rs.15,150/-  and paid the said amount through online by using Karnataka Bank Debit card under payment reference No.Meesho-YwrgOTXWWiKJwGBB-1 and ID No.764094587254.   It is further submitted that the courier boy from Xpressbees on 2^nd September 2022 at 1.44 PM called the complainant and said that you have a parcel from Meesho and thereafter the complainant went to spot and collected the parcel and when opened the box, there appears small potatoes in the box and there was no any camera in the box, immediately the complainant at 1.48 PM put return request and thereafter received message stating that return request initiated.  The complainant further submitted that even he did not put any message for return request cancel, he received the message on the next date i.e. 3^rd September 2022 at 7.27 AM stating that “The reverse pickup has been cancelled for this order. In case of any concerns, please reach out to us from the help section on the app” and thereafter also received the message stating that “Return and exchange are not allowed for this item, reach out to u s for support from the help centre of the app and then the complainant request to the OP help centre through e-mail, but instead of OP solving the problem stating that “we are processing your request”.   It is further submitted that finally the complainant received the message stating that “we are sorry to inform you that as per weight report from our backend team, we found that all the quantities have been delivered successfully, we are sorry for the inconvenience caused to you, hence we will not able to process the refund for the same.  We request you to kind co-operate with us”.  It shows that there is a deficiency of service on the part of OP.  In spite of repeated request, the OP did not care to the complainant.  Hence, the complaint.    

3.       After receipt of notice, the OP remained absent.  The complainant has filed his affidavit evidence and marked the documents at Ex.C1 to C8. 

4.       We have heard the arguments of counsel for complainant.

5.       On perusal of complaint, affidavit and documents produced by the complainant, the points that would arise for our consideration are:

1. Whether there is any deficiency in service on the part of OP?

2. Whether complainant is entitled for reliefs sought for?

6.       Our findings to the aforesaid points are as under:

Point No.1: Partly Affirmative

Point No.2: As per the final order.

:REASONS:

Point Nos.(1) & (2):-

7.       To prove the case, the complainant submitted 08 exhibits.  The Ex.C2 discloses that the complainant booked Sony Alpha ILCE-7M4K Full-Frame Hybrid Camera 33MP through his son Mobile at 8.56 AM on 28.08.2022 in Meesho online store for Rs.15,150-00 and paid the amount through online.  The complainant received the call from delivery boy on 2^nd September 2022 at 1.44 PM and complainant collected the parcel.  When opened the box, there appears small potatoes in the box and there was no Camera in the box.  Immediately, the complainant at 1.48 PM put return request and received the message regarding return request initiation.  On 3^rd September 2022 @ 7.27 AM complainant received message stating that “The reverse pick-up has been cancelled for this order”.  The Final message received on 10.09.2023 at 3.46 PM from Meesho and it reads as follows:

“We are sorry to inform you that as per weight report from our backend team, we found that all the quantities have been delivered successfully, we are sorry for the inconvenience caused to you, hence we will not able to process the refund for the same.  We request you to kind co-operate with us”.    

8.       These messages clearly discloses the fact that, the OP received the consideration of Rs.15,150-00 for Camera.  But the complainant received the potatoes instead of Camera.  When the complainant lodged the complaint, the OP initially tried to solve the problem.  Later without solving the problem and without written request of the complainant, the OP has stated that pickup has been cancelled.  In final message, the OP stated that “we found that all the quantities have been delivered successfully.  We are sorry for the inconvenience caused to you”.  As per this message, the OP verified the weight of the box delivered, but not verified whether the box contains the Camera or not.  Without cross verification, simply closed the complaint of the complainant.  This negligent act of the OP amounts to deficiency in service and for this act of the OP, the complainant suffered and not received the Camera in spite of payment of Rs.15,150-00.  Therefore, it is just and proper to direct the OP to refund Rs.15,150-00 with interest @ 8% PA from 28.08.2022 to till realization.   Further, due to deficiency in service and unfair trade practice, the complainant compelled to approach this Commission.  Hence, the OP is liable to pay Rs.5,000-00 as punitive damages and  Rs.5,000-00 as litigation expenses to the complainant.  Accordingly, we proceed to pass the following:-

:ORDER:

The complaint filed by the complainant is allowed in part with cost.

The OP is directed to refund Rs.15,150-00 with interest @ 8% PA from 28.08.2022 to till realization.

The OP is also directed to pay Rs.5,000/- as punitive damages and Rs.5,000-00 as litigation expenses to the complainant. 

The OP is further directed to comply the above order within 45 days from the date of receipt/knowledge of the order.

Supply free copy of this order to both parties