DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No. 403/2011
Shri Jacob P.Mathew
1/925,Georgia,
Near Collector’s Bungalow,
West Hill P.O.
Calicut, Kerala-673005. ….Complainant
Versus
M/s India Today Book Club
B-47, Indira Enclave,
Nebsarai New Delhi-110068. ….Opposite Party
Date of Institution : 24.10.11 Date of Order : 24.01.19
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Member - Kiran Kaushal
Very briefly put the case of the complainant is that the complainant Jacob P. Mathew being a member of India Today Book Club hereinafter referred to as OP booked a Reebock Kit on 31.10.2009 by remitting an amount of Rs.3199/- through cheque in favour of ‘Living India/ India Today”. OP failed to deliver the said kit within stipulated time of three weeks from the date of booking. Complainant wrote various mails regarding the delivery of the said kit but OP despite its assurances failed to deliver the same.
1.2 It is averred that the complainant on 23.01.2010 got a parcel from OP on the basis of cash on delivery. But he did not receive the parcel as the complainant was asked to pay Rs.3,199/-. The complainant reverted back stating that he had already paid the said amount. Further he received a mail by OP apologizing to the complainant and assuring that they had already dispatched prepaid parcel for the complainant.
1.3 It is further averred by the complainant that when till 04.02.2010 the complainant did not receive any parcel from the OP, he wrote an email to OP requesting them to refund the money paid by him at the time of booking. The complainant again reminded the OP telephonically to refund his amount but all requests of the complainant fell on deaf ears.
- Aggrieved by the callous attitude of OP, the complainant approached this forum with the following prayer :-
- Direct the respondents to refund Rs.3,199/- with interest @ 18% from the date of booking till its payment;
- To grant compensation of Rs.15,000/- for the inconvenience and mental agony caused to the complainant on account of unfair trade practice and deficiency in service on the part of respondent in not refunding the booking amount despite several requests;
- To grant Rs.25,000/- for cost of litigation.
- Notice was duly served upon the OP but none appeared on their behalf to contest the case of the complainant. Hence, OP was proceeded exparte vide order dated 20.12.2013.
- Exparte evidence and written arguments have been filed on behalf of the complainant.
- Submissions made on behalf of the complainant are heard and record perused.
- Averments made in the complaint and evidence led by the complainants have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
- After having heard the submission made by the complainant, it is observed that the complainant being a member of India Today Book Club had booked a ‘Reebock Kit’ by remitting an amount of Rs.3199/- through a cheque in favour of Living India/ India Today which was debited from his account on the same day. Having paid for the said kit, the kit was never delivered to him. Despite sending reminders and writing mails to the OP nothing materialized and he did not receive the Reebock Kit. Ultimately he sought a refund of the said kit which was also not adhered to.
- Complainant has annexed various mails with his complaint and on going through the trail mail it is observed that OP had assured that the said kit would be delivered to him but till the filing of the complaint no such kit/ refund was given to the complainant. For ready reference OP’s mail reproduced herein below:-
Mail dated 24.01.2010
“Dear Member,
We apologize for the inconvenience caused to you in this regard.
With reference to your mail, we request you to refuse the parcel which arrived for cash on delivery as we have already dispatched your prepaid order from our end.”
- It is further noticed that OP was proceeded exparte on 20.12.2018, however, someone on behalf of ‘Living Media India Ltd.’ intervened and filed written submissions on behalf of the opposite party stating that M/s India Today Book Club is name of an online book store which has no legal entity. It was orally argued by the counsel of the complainant that Living Media India Ltd. has not disclosed its locus standi in the present complaint case; moreover then why now and on whose behalf have they have filed written submissions. Further the written submission on behalf of Living Media India Ltd. are not supported by any affidavit and authenticity of the factual submissions are not supported by any evidence. Therefore, the same cannot be read.
- However, it is noticed from the mail dated 28.12.2009 that the money was debited from the account of the complainant in favour of “Living Media (India Today) Delhi” and in another mail dated 04.01.2010 it is mentioned that
“You can also write to us at
India today Book,
Club B47, Indira Enclave
Naib Sarai New Delhi 110068.”
10. Thus, from the mails above, it is noticed that there is some connection between India Today Book Club and Living Media India Ltd. That is why being guilty conscious Living Media India Ltd. at the final stage of the proceeding have filed their written submissions on behalf of the OP. Hence, this Forum is of the opinion that promising the complainant and thereafter not delivering of the Reebock Kit having accepted the amount of Rs.3,199/- OP has indulged in unfair trade practice by not providing the kit or alternatively refunding the amount to the complainant. Therefore, we allow the complaint and transpose the intervener Living Media India Ltd. and fix its liability to refund Rs.3,199/- along with interest @ 15% from the date of payment till realization. Additionally, OP is directed to pay Rs.20,000/- towards inconvenience, mental agony and towards litigation cost.
11. OP is directed to pay the complainant within a period of 60 days from the date of receipt of the copy of this order failing which the OP shall become liable to pay interest @ 18% p.a. on Rs.3,199/- from the date of payment till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 24.01.19.
