DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Wednesday the 30th day of October 2024
CC.58/2004
Complainant
Usha Anil Kumar,
“Chintra”,
Kinarukkandi Paramba,
Pipe line Road,
P.O. Kuthiravattom,
Calicut.
Opposite Parties
- M/s. Malabar Computers,
13/476 A, Ground Floor,
Diamond Building,
Palayam Junction,
Calicut – 673001
- Sri. Filsor,
Proprietor of Malabar Computers,
Puzhavakkethu House,
Karuvissery, Karaparamba,
Kozhikode.
- Babu,
S/o. Narayanan Nair,
Meleppal House,
P.O. Kuthiravattom,
Kozhikode.
- State Bank of India,
Agricultural Development Branch,
SIB Division, Calicut.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
- As per the advertisement of Myntra online store on Instagram, the complainant purchased an Anarkali kurta with palazzo with dupatta from the second opposite party through the first opposite party paying Rs. 1,499/-. The product was delivered to the complainant on 02/05/2024. But when unboxed, it was found that quality of the product was not good. Seeing no other option, the complainant followed the return procedure and she initiated for return request using the first opposite party’s website on the same day. The complainant did not remove seal tag of the product. The expected date for return was 05/05/2024. But there was no response. She contacted Myntra help centre through Myntra app and they replied that they would come to pick up the product within days. Even though the complainant waited, there was no updations. She tried to contact Myntra customer service several times, but could not connect the call. On 16/05/2024 she again contacted Myntra help centre and they replied that she would get a resolution on or before 22/05/2024. But when she checked the order details she noticed that the return window was closed on 16/05/2024. Hence the complaint requesting for refund of the purchase value of the product amounting to Rs. 1,499/- along with compensation of Rs. 5,000/-.
- The opposite parties were set ex-parte.
- The points that arise for determination in this complaint are;
- Whether there was any unfair trade and business practice or deficiency of service on the part of the opposite parties, as alleged?
- Reliefs and costs.
- Evidence consists of the oral evidence of PW1 and Exts A1 to A4 on the side of the complainant. MO1 was also marked.
- Heard.
- Point No.1:- The complainant got herself examined as PW1. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the invoice dated 26/04/2024, Ext A2 series are the chats between the complainant and the help centre of the first opposite party, Ext A3 is the text message sent by the first opposite party and Ext A4 is the email dated 22/05/2024 sent to the first opposite party. MO1 is the Kurta with palazzo with dupatta.
- The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version and contest the matter. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A4 and MO1. Unfair trade and business practice and deficiency of service on the part of the opposite parties stand proved. The complainant is entitled to get refund of the price of the product amounting to Rs. 1,499/-. Undoubtedly, the complainant was put to mental agony and inconvenience due to the irresponsible act and conduct of the opposite parties, for which, she is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of of Rs. 3,000/- will be reasonable compensation in this case. The liability of the opposite parties shall be joint and several. Point found accordingly.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
- CC No.314/2024 is allowed.
- The opposite parties are hereby directed to refund Rs. 1,499/- (Rupees one thousand four hundred ninety nine only) to the complainant, being the price of the product. On such payment the opposite parties can collect MO1 from this Commission.
- The opposite parties are directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.
- The order shall be complied with within 30 days of receipt of copy of this order, failing which, the amount of Rs. 1499/- shall carry an interest of 9% per annum from the date of this order till actual payment.
- The liability of the opposite parties to make payment shall be joint and several.
Pronounced in open Commission on this, the 30th day of October, 2024.
Date of Filing: 29.05.2024
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 – Copy of the invoice dated 26/04/2024.
Ext.A2 Series – Chats between the complainant and the help centre of the first opposite party.
Ext.A3 – Text message sent by the first opposite party.
Ext.A4 – Email dated 22/05/2024 sent to the first opposite party.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 - Navya Anand (Complainant)
Witnesses for the opposite parties
Nil.
Material Object
Ext. MO1 - Kurta with palazzo with dupatta.
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
True Copy,
Sd/-
Assistant Registrar.
