Orissa

Cuttak

CC/190/2022

Anuradha Pati - Complainant(s)

Versus

M/s IBIS FAB Ltd - Opp.Party(s)

Self

16 Mar 2023

ORDER

            IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.190/2022

 

            Anuradha Pati,

            W/O: Manoj Kumar Pati,

            At:C/1265,Sec-10,CDA,

              Cuttack-14.                                                                       ... Complainant.

 

          Vrs.

 

M/s. IBIS FAB Ltd..

Legal Name: MEHUL KUMAR VALJIBHAI KATARIYA,

At:129,PolarisMall,Puna Gam,                                          ...Opp. Party.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:    20.09.2022

Date of Order:  16.03.2023

 

For the complainant:            Self.

For the Opp. Party  :            None.

 

Sri Debasish Nayak,President              

Case of the complainant as made out from the complaint petition in short is that the complainant had booked for five number of sarees through online which were as per online advertisement and she had paid the consideration money thereof on 19.1.2022 to the tune of Rs.5351/- to the O.P.  Though her husband had received message on 28.1.2022 regarding the delivery of the said sarees there was also an indication to keep cash of Rs.998/- ready.  But the complainant had paid the total consideration amount of the five number of sarees on 19.1.22 which was for Rs.5351/-.  When the husband of the complainant had tried to contact the O.P seeking clarification about the same additional amount of Rs.998/-, his phone call was unattended as there was no response to his call.  Again on 29.1.22 and 30.1.22 the husband of the complainant had tried to contact the O.P but there was amazingly no response from the O.P.  Smelling something fishy, the husband of the complainant had to cancel the indent on 22.2.22 and could receive an ‘OK’ message at 3.43 P.M on 23.2.22.   Again on 27.2.22 at 7.46 P.M, the husband of the complainant received a message that the indented five number of sarees would be delivered to him immediately.  The husband of the complainant had sent reply message immediately to the O.P that he had preferred to cancel the order and had requested for refund of the money at the earliest.  Again ‘OK’ message was sent to the husband of the complainant at 12.08 p.m. on 28.2.22.  Having not received thesaid consideration money, on 2.3.22 at 11.30 p.m, the husband of the complainant had sent another message for refund of the said money but quite strangely during the absence of the complainant and her husband a packet was thrown into her house on 10.3.22 which when opened was found that the packed  contains five number of sarees which were also mismatching the order as placed and were of very cheap and of low quality which would only be of Rs.200/- per piece at the local market.  Having tried many ways to return the low quality sarees as received and to get back the money as send by her, when the complainant failed, ultimately she had to file this case before this Commission claiming a sum of Rs.50,000/- from the O.P towards her mental agony and further a sum of Rs.10,000/- from the O.P towards her litigation expenses together with the sum of Rs.5351/- that which she had paid towards the cost of the sarees.

Alongwith her complaint petition, the complainant has filed copies of several documents in order to prove her case.

2.         Having not contested this case, the O.P has been set exparte vide order dt.8.11.2022.

3.         The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps and if the O.P has practised any unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed?

Issue No.ii.

Out of the three points, point no.ii being the most pertinent issue is taken up first for consideration here in this case.

After perusing the averments as made in the complaint petition and going through several copies of documents as annexed to the complaint petition, it is noticed that the complainant through her husband had practically tried to cancel the order as placed and to get refund of the money advanced by her to the tune of Rs.5351/- for purchasing five number of sarees from the O.P as per her choice and specifications.Annexure-7 & 8 goes to show that infact there was refund message through WhatsApp sent through mobile phone specifying that the O.P was ready to cancel the order and had also agreed to return back the money of the complainant but by sending five number of sarees in a cunning way during the absence or complainant and when the said sarees were not upto the specifications of the choice of the complainant, it clearly signifies the attitude of the O.P which can be termed as deficiency in his service only which also signifies the practice of unfair trade by the O.P.  Accordingly, this point tilts in favour of the complainant.

Point no.i& iii.

From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the reliefs as claimed by her.  Hence it is so ordered;

                                    ORDER

The case is allowed exparte against the O.P.  The O.P is thus directed to pay a sum of Rs.5351/- to the complainant forthwith alongwith a sum of Rs.50,000/- towards compensation for her mental agony and harassment and also to pay a sum of Rs.10,000/- towards litigation expenses of the complainant.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 16^th day of March,2023 under the seal and signature of this Commission.             

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

 

                                                                                                                                  Sri Sibananda Mohanty

                                                                                         Member