District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.16/2024.
Date of Institution: 03.01.2024.
Date of Order: 28.03.2024.
R.P.Mendiratta S/o late Shri Manohar Lal, Permanent address H.No. 1820, Sector-16, Faridabad – 121002.
…….Complainant……..
Versus
M/s. Meenakshi Textiles Ltd., NO. 6-7, Mahalaxmi chambers, Pur road, Bhilwara - 311001, Rajasthan. Email ID:meenakshitextilesltd@gmail.com. Phone No. 9509938979.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Indira Bhadana…………Member.
PRESENT: Complainant in person.
Opposite party ex-parte vide order dated 6.3.2024.
ORDER:
The facts in brief of the complaint are that after seeing the advertisement of big bucket e commerce on the face book complainant ordered a Men’s Cotton Stretchable Formal Trouser at a price of Rs.799/- on cash on delivery basis, as per bill attached as Annexure-1 size 32 CM on 11th August 2023 and received the product within few days. The product shown in the advertisement was very stretchable and because of this complainant (i) ordered 32 CM size instead of 34 CM. The delivery man while delivering the product did not allow to open and see the product. On opening the packet, I was surprised that trouser was not at all stretchable and hence size was short for him. Also, it was not at all like the one shown in advertisement. He tried to contact the numbers provided for return of the product and refund as there was a return policy but one number was not reachable and another one had only whatsapp chat facility where no response came despite several efforts. He found the mail ID of the shipper/manufacturer and sent a mail on 19th August. Immediately after his mail he got a call from NO. 9509938979 (Mr. Karandikar Ayush) saying that he could replace the trouser with 34 CM size but would not refund the money. He told him that product displayed was very stretchable and also the bill mentioned stretchable whereas it was not at all stretchable and hence he should refund the amount. He also mentioned that order was not placed with him but with e Commerce company but refused to share the details of the e commerce company. He reluctantly sent the trouser back to him for which he confirmed the receipt on 28th August. After that he kept following with him for replacement but he kept promising and once even told it had been dispatched but did not share the details. After having failed to receive the refund or replacement he sent a final mail on 21st November 2023 as legal notice. Inspite of this also instead of sending the refund or replacement he sent a message saying that he could go ahead with legal action. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund Rs.879/- (799.00 towards the cost of trouser + Rs.80/- towards courier charges for return of trouser) with interst @ 18% from the date of payment till the date of refund.
b) pay Rs. 25,000/- as compensation for causing mental agony and harassment .
c) pay Rs.25,000/- as litigation expenses.
2. Notice issued to opposite party on dated 01.02.2024 not received back either served or unserved. Tracking details filed in which it had been mentioned that ”Item Delivered”. Mandatory period of 30 days expired. Hence, opposite party hereby proceeded against exparte vide order dated 6.3.2024.
3. The complainant led evidence in support of his respective version.
4 We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– M/s. Meenakshi Textiles Ltd. with the prayer to: a) refund Rs.879/- (799.00 towards the cost of trouser + Rs.80/- towards courier charges for return of trouser) with interest @ 18% from the date of payment till the date of refund. b) pay Rs. 25,000/- as compensation for causing mental agony and harassment . c) pay Rs.25,000/- as litigation expenses.
To establish his case, the complainant has led in his evidence Ex.CW1/A – affidavit of R.P Mendiratta, Ex.CW1/1 – receipt,, Ex.CW1/2 – email, Ex.CW1/3 – whatsapp chat.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.
7. Opposite party is directed to refund Rs.879/- (799/- towards the cost of trouser + Rs.80/- towards courier charges for return of the trouser) with interest @ @ 6% p.a. from the date of filing of complaint till its realization. Opposite party is also directed to pay Rs.4000/- as compensation for causing mental agony & harassment. No litigation charges will be given to the complainant as the complainant himself pursuing the complaint. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 28.03.2024 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
