DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.186/16
Shri Brajesh Kumar Sharma
S/o Late Shri M.L. Sharma
Presently at : Siddivinayak Apartment
Flat No.3, F.F. C-Block
Plot-115-A/1
DESU Road, Mehrauli
New Delhi-110030.
Also At:
Jwala Apartment Flat No. 1, GF
Plot 237, Ward-2
Mehrauli
New Delhi-110030. …Complainant
Versus
M/s Mify Solution Pvt. Ltd. (kaunsa.com)
Through Manager/Director
SF 204, Singhal Tower
Sector-58, NOIDA
Uttar Pradesh, INDIA. …Opposite Party
Date of Institution : 10.06.2016
Date of Order : 07.10.2022
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Monika A. Srivastava
The complainant has filed a complaint praying for an amount of Rs.50,000/- towards cost of the goods that were booked with OP along with interest @ 24% per annum on account of negligence as well as deficiency in service on the part of the OP.
- The complainant states that he had visited the website – online shopping portal kaunsa.com and after browsing made an online payment of Rs.2528/- on 14.06.2015 for booking of two antique golden side stand with three and four drawers with two different orders No. HOM/SUR/ANT 43146 and HOM/SUR/ANT/53015 (annexed at page 8 & 9 of the complaint) against order ID kaun/442673 and was assured free shipping from OP.
- It is stated by the complainant that he had booked the above mentioned goods to gift to his wife on his birthday but felt ashamed of in front of his wife and relatives due to non-delivery of the shipment on 29.06.2015 despite confirmation.
- It is the case of the complainant that he called customer care NO. of OP and spoke with their personnel yet he did not receive the ordered items and was advised to lodge a complaint ticket.
- After repeated calls, he lodged on 15.07.2015, 20.07.2015, 08.10.2015 as per the complaints filed on record, however, he did not receive any written reply.
- That after repeated reminders complainant received am e-mail from kaunsa.com support team dated 07.11.2015 to submit account details for refund of the amount. The complainant accordingly, submitted his bank details, however, neither amount was refunded nor the items were delivered. It is also stated by the complainant that the order ID and other details have been removed from the view cart of the complainant user ID
- The complainant states that he is frustrated by this act of the OP who would be liable for cheating and harassment. As the product has not been delivered on delivery date nor the payment has been refunded. The complainant states that OP is negligent as well as deficient in providing service.
- The OP was proceeded ex-parte on 08.09.2017. The complainant has filed his ex-parte evidence as well as written arguments. After going through the documents on record it is clear that the OP is deficient in its service by booking items and not just delivering them in time but also not delivering them at all. It is also that the amount has not been refunded by the OP and neither put any appearance to counter these allegations.
- This Commission directs the OP to refund Rs.2528/- alongwith interest @ 6% per annum from the date of deposit i.e. 14.06.2015 till its realisation.
- No order as to the costs. This order should be complied within three months from the date of receipt of this order failing which the rate of interest on the amount granted would be 8 per cent per annum.
File be consigned to the record room after giving copy of the order to the parties as per rules.
