| ORDER | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Complaint No.CC/15/284 of 1.12.2015 Decided on: 31.3.2016 Ramanpreet Kaur D/o Sh.Jaswinder Mohan Singh resident of 2, Hem Bagh, Officers Enclave, Patiala. …………...Complainant Versus Ms Bhavya Sukhija resident of House No.218, IInd Floor, Pocket No.26, Sector 24, Rohini, New Delhi. …………….Op Complaint under Section 12 of the Consumer Protection Act. QUORUM Sh. A.P.S.Rajput, President Smt.Neelam Gupta, Member Smt.Sonia Bansal,Member Present: For the complainant: Sh.Manpreet Singh , Advocate For Op : Ex-parte. ORDER SONIA BANSAL MEMBER - The complainant had placed an order of goods through online on the website i.e. Customized & Shopperox point.com of Op and paid a sum of i) Rs.5150/- on 22.1.2015 through NEFT by debiting cheque No.145527 of Punjab & Sind Bank, Officer Colony Branch, Patiala for the supply of One pair shoes of Rs.3600/- and One belt of Rs.1100/- with shipping charges of Rs.450/-, ii) Rs.13,500/- on 29.1.2015 through NEFT by debiting the Cheque No.145528 of Punjab & Sind Bank, Officer Colony Branch, Patiala for the supply of One Belt of Rs.700/-, Three Pair of Shoes of Rs.3600/- each and one shades (Goggles) of Rs.2000/- and iii) Rs.12,600/- on 23.2.2015 through NEFT by debiting the cheque No.145534 of Punjab & Sind Bank, Officer Colony Branch, Patiala for the supply of one bag of Rs.2800/-, one watch sling of Rs.2300/-, two belts of Rs.800/-each, two belts of Rs.1200/-each with shipping charges of Rs.3500/-.It is averred that total payment of Rs.31,250/- was made by the complainant to the Op for the supply of the above mentioned goods and all the payments were made in advance by the complainant and same was credited in the account of Op.
- After some days when the goods were not delivered to the complainant, she made an enquiry from the Op regarding the non receipt of the products. On enquiry Op told the complainant that she had received the payment from the complainant for the ordered goods but due to the quality issues from the back end, it will take some time to deliver the goods and it also promised to update the delivery details as soon as possible. Thereafter, the Op intimated the complainant that the goods have been dispatched to the complainant at her given address but the complainant did not receive the same. When the complainant again approached the Op, then the Op admitted that there might be some mistake in sending the goods and at last it assured the complainant to refund the money in installments. Ultimately, op refunded an amount of Rs.21,000/- and has not refunded the balance amount of Rs.10,250/- qua the interest thereon. It is averred that complainant approached Op so many times to refund the balance amount but to no use.
- On 7.9.2015, the complainant served a legal notice upon Op. In reply to the legal notice though it is submitted by the Op that it is ready to make the settlement in lump sum but even then it failed to refund the remaining amount.
- It is further averred that the Op failed to redress the grievance of the complainant and thus the act of the Op is said to be a deficiency in service as also an unfair trade practice for which she is entitled to a compensation in a sum of Rs.1,00,000/-.Accordingly the complainant brought this complaint against the Ops under Section 12 of the Consumer Protection Act,1986 ( for short the Act) for a direction to the Op to pay her Rs.1,00,000/- by way of compensation on account of the harassment and mental agony experienced by him, to refund the balance amount.
- The cognizance of the complaint was taken against the Op and the Op appeared in person but failed to file written version. Ultimately it was proceeded against exparte.
- In support of the complaint, the complainant produced in evidence Ex.CA, her sworn affidavit alongwith documents Exs.C1 to C5 and closed the evidence.
- The complainant failed to file the written arguments. We have heard the ld. Counsel of the complainant an also gone through the evidence on record.
- Ex.C1 is the copy of statement of account of complainant which clearly shows an amount of Rs.31,250/- debited from the account of complainant and same is credited in the account of Op. Ex.C2 is the copy of legal notice sent by the complainant to Op and in reply to the legal notice, it is submitted by the Op that it is ready to make the settlement in lump sum i.e. Ex.C3. Ex.C4 is the snap shot of the message sent by the husband of Op to the counsel of complainant for a request to settle the matter.
- During the course of arguments, counsel for the complainant argued that all the payments were made in advance by the complainant and same was credited in the account of Op. After making repeated requests, the complainant did not receive the products ordered by her and ultimately, Op refunded an amount of Rs.21,000/- and has not refunded the balance amount of Rs.10,250/- till today which amounted to a deficiency of service as well as unfair trade practice on the part of the Op.
- In view of the aforesaid discussion , we accept the complaint with a direction to the op to refund the balance amount to the complainant i.e. Rs.10,250/- .Op is also directed to pay an amount of Rs.6000/- by way of compensation for the harassment and mental agony undergone by the complainant, which is inclusive of the costs of litigation. Order be complied by the Op within a period of 45 days on receipt of the certified copy of the order.
Pronounced Dated:31.3 .2016 Sonia Bansal Neelam Gupta A.P.S.Rajput Member Member President | |
