BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.430 of 2022
Date of Instt. 24.11.2022
Date of Decision: 07.07.2023
Gurpreet Raju Age 27 years, S/o Kuldeep Rai Raju, R/o Near Panj Tirath Gurdwara, Hargobind Nagar, VPO Jandu Singha, Distt. Jalandhar-144025. Mob No.8146375921
..........Complainant
Versus
1. M/s Chaman Di Hatti, Railway Road, Jalandhar Authorized Dealer of Jio Mart. Through its Prop./Partner/Authorized Representative.
2. Jio Mart C/o Reliance Retail Limited, 2nd Floor, PUDA Multiplex, Chotti Baradari Part-II, Opp. Govt. Medical College, Jalandhar-144001. Through its Director/Authorized Representative
3. Reliance Retail Limited, Village Mukarampur Ishar Hali, Sirhind-Fatehgarh Sahib 140406, Punjab. Through its Director/Authorized Representative.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Complainant in Person.
Sh. Rajiv, Auth. Rep. for the OP No.1.
OPs No.2 & 3 exparte.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that complainant booked online order through OP No.1 for purchase of Split LG AC 1.5 Ton capacity. The entire payment Rs.44990/- was credited from credit card to OP No.2 Online through OP No.1. The OP No.3 issued receipt dated 09-06-2022. On the same date 8/9-6-2022 the OP No.2 intimated the complainant that ‘Your last payment attempt of Rs.44990/- was unsuccessful’ meaning that order cancelled. After receipt the above said message, the complainant approached the OP No.1 and told him that the payment of Rs.44990/- which was credited online through credit card to OP No.2 from OP No.1 has been intimated 'unsuccessful' vide message. Then the OP No.1 talked the customer care why the said payment has been intimated unsuccessful, the reply of the customer care was to wait for refund of said amount. The complainant waited and waited to get refund of said amount but neither refund given nor the above said booked product delivered to complainant, which tantamount to unfair trade practice and amounts to negligence and deficiency in service on the part of the OPs. On 31 July 2022, 6 Aug, 2022 and 6 Sept, 2022, the complainant sent emails to cshead@jiomart.c i.e. OP No.2 requesting to refund the said amount, but no response given by the OP No.2. Due to non delivery of above said product and non refund of above said amount, the complainant approached OP No.2 for getting refund or delivery of above said product. But instead of refund or delivery of above said product, the OP No.2 advised the complainant to deposit fresh payment for purchase of same quality product and further told that the earlier deposited payment shall be refunded after some time/later on. As per advise of the OP No.2, the complainant deposited with OP No.2 the sum of Rs.47965/- for purchase of same quality product. The OP No.2 told the complainant that the delivery of the product booked against payment of Rs.47965/- shall be sent through courier on 10 Jun 2022 after 11-00 AM. On 10 June 2022, the OP No.2 sent message to complainant that ‘Your order No.7025775689 has been dispatch and will be delivered today and further indicated the delivery confirmation code No.4884 in the said message. Again OP No.2 sent message on same day that ‘your order having shipment No. 7025775689 has been delivered today’. On 10 Jun 2022 at about 11:37 AM the delivery agent of opposite parties came with two Air Conditions and forced the complainant to take delivery of two Air conditions. When the complainant asked the reason for delivery of two ACS then the delivery agent told the complainant that one AC is earlier booking of Rs.44990/- online through OP No.1 and the second AC was booked for Rs.47965/- with OP No.2. The delivery man tried to give two ACs out of which the complainant taken the delivery of one AC booked with OP No.2 for Rs.47965/- and refused to take the delivery of earlier booking which was intimated unsuccessful and order was cancelled. So, the complainant taken the delivery of one AC booked with OP No.2. Then the OP No.2 sent message dated 10 Jun 2022 that "Your order was successfully delivered". The payment Rs.44990/- of earlier booked product has not been refunded to complainant despite several requests and so many emails written by complainant to OPs. The complainant personally contacted Reliance Show room/OP No.2 who given the mobile number of Mr. Sushil for solution the problem. When the complainant contacted Mr. Sushil he asked for the whole detail on whatsapp and assured that the complaint of the complainant will be solved and the refund shall be given positively. The complainant sent the whole detail to his whatsapp on 6 Sept, 2022. He told the complainant to wait for some days but after some days he refused to solve the problem saying that the product was delivered, so, no refund can be given. Due to non refund the earlier booking amount Rs.44990/- the complainant has suffered a lot of mental tension, harassment and financial loss and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund a sum of Rs.44,990/- and to pay Rs.1000/- as cost of litigation and Rs.50,000/- as compensation for causing mental tension and harassment to the complainant.
2. Notice of the complaint was given to the OPs, but despite service OP No.3 did not appear and ultimately, OP No.3 was proceeded against exparte, whereas OP No.2 appeared though its Authorized Representative only once and thereafter OP No.2 never appeared and not filed any written statement and ultimately, OP No.2 also proceeded against exparte. OP No.1 appeared through its Authorized Representative and filed written reply, whereby contested the complaint by taking preliminary objections that the complainant with malafide intentions concocted an allegation against OP No.1. We have the access to place online orders of the approaching customers for the products availed by Jio Mart. The complainant booked online order through OP No.1 for the purchase of Split LG Ac 1.5 ton capacity. It is further averred that the payment of the product ordered by the complainant was entirely made by the complainant. The entire remittance of Rs.44990/- was credited from complainant's credit card to OP No.2 online through OP No.1. The remission was confirmed and receipt was issued by OP No.3 on date 09-06-2022. On the same date, the OP No.2 intimated the complainant that ‘Your last complaint attempt of Rs. 44990/- was unsuccessful’ defining that order cancelled. It is further averred that after receiving the above said message, the complainant approached OP No.1 and he, being the OP No.1, reached customer care of Jio Mart. The 'customer care' replied to wait for the refund of the respective amount in complainant's bank account from which the payment was made. The complainant waited for long to get the promised refund but did not receive the amount. Neither the said amount was refunded nor the product ordered was delivered at the complainant's address. This tantamount to unfair trade practices and amounts to negligence and deficiency in service on the part of the company and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement of OP No.1 filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the complainant in person and Authorized Representative of the OP No.1 and have also gone through the case file very minutely.
6. The complainant has alleged that he booked online order through OP No.1 for purchase of Split LG AC 1.5 Ton for a sum of Rs.44,990/-. The payment of Rs.44,990/- was credited from credit card . OPs issued receipt Ex.C-1. On 08/09.06.2022, the OP No.2 intimated the complainant that his last payment attempt of Rs.44,990/- was unsuccessful, meaning that order stood cancelled, which is evident from Ex.C-2 and Ex.C-3. But neither refund was given nor the said booked product was ever delivered to the complainant by the OPs and the complainant sent complaint regarding this to the OP No.2 through emails dated 31.07.2022, 06.08.2022 and 06.09.2022 Ex.C4 and Ex.C5, but to no avail. Then the complainant went to the OP No.2 for refund but no refund was made. On the advise of the OP No.2, the complainant deposited a sum of Rs.47,965/- for purchase of same quality product, which is evident from Ex.C-6 and on 10 June, 2022, the delivery agent of OPs came with two ACs and forced the complainant to take delivery of two ACs, one AC was earlier booked for Rs.44,990/- and second one was booked for Rs.47,965/-, but the complainant took the delivery of one AC booked with OP No.2 for Rs.47,965/- and refused the other. But the payment of Rs.44,990/- of earlier booked product has not been refunded to the complainant despite several requests and visits.
7. The OP No.1 has admitted the booking of AC and crediting the amount. He denied any the deficiency in service and negligence on the part of the Company. The OPs No.2 & 3 have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged by the OPs No.2 & 3.
8. Perusal of Ex.C-2 and Ex.C3 shows that message was sent to the complainant that in case the amount is deducted from his account, the same shall be refunded automatically within 10 days and one AC was delivered and taken by the complainant on 10.06.2022 vide Ex.C-7 & Ex.C-8. Vide Ex.C-10 the complainant has given the detail for how much time he has contacted the OPs and made request for refund but no refund was received.
9. In view of the above detailed discussion, the complaint of the complainant is partly allowed qua OP No.2 and disposed of qua OPs No.1 & 3. The OP No.2 is directed to pay the interest @ 6% on the delayed payment of Rs.44,990/- from 10.06.2022 to 09.06.2023 when the refund of Rs.44,990/- was credited in the account of complainant and further OP No.2 is directed to pay a compensation for causing mental tension and harassment to the complainant, to the tune of Rs.10,000/- and litigation expenses of Rs.5000/-. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
07.07.2023 Member Member President
