BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 16^TH DAY OF DECEMBER 2022

ORDER

SRI.M.SHOBHA, PRESIDENT

1. This  complainant  filed this complaint against the Opposite parties for the following reliefs

1. To Direct the OP to rectify the error of mentioning the quality of shirts as ‘Cotton’ in the website of second OP. to avoid further wrong implication on general public.
2. Direct the OP to tender the apologies for carriage of false information to the general public through vastly read  news papers through India.
3. Impose heavy penalty on both the OP as may deem fit in the given facts and circumstances and direct them to deposit the same to Prime Minister’s Relief Fund.
4. Direct the OP to pay the damages of R.5,00,000/- for causing inconvenience, sufferings, mental agony, stress an anguish to the complainant.
5. Further direct the OP to pay the cost of the complaint.

2.  The case of the complainant is that:

OP-1 is the leading fabric manufacturer of all kinds of cloths besides readymade dress materials. OP-2 is a leading E-commerce web portal facilities in all leading manufacturers  of goods  to show case their products in their web portal so that those interested in purchasing the goods can surf the portal and purchase their good’s of choice.

It is case of the complainant that he is the regular purchaser of consumerable goods by way of E-commerce from the on-line portals. He always prefer to purchase high end cotton shirts manufactured  by good cotton thread with high counts woven from the finest long staple ultrafine cotton. As he got allergy to terrene, polyster, synthetic and artificial fabrics and he is always rely only upon the purity of the goods especially silk, woolen and cotton goods.

It is further case of the complainant that on 07.01.2021 he was surfing for good quality of cotton shirts where in he was attracted display of shirts as displayed in the portal manufactured by OP-1, upon verification the quality of  the shirts, the portal displayed the kind of material used  to manufacture the shirts and it was displayed as “Cotton” shirt and payment set is cash on delivery.  As per order one pink shirt was delivered on 09.01.2021 and second yellow shirt was delivered on 10.01.2021  by receiving cost which was mentioned Rs.649/- each.

It is further case of the complainant that after receiving the shirts he immediately checked label stitched to the shirt and price tag tagged to the shirt, wherein it is mentioned that the shirts are manufactured by Cotton polyster.  The complainant was very much disappointed to note that item delivered which has not been order by him. The OP have fooled him as they displayed the shirts manufactured as “cotton”.  Whrere as they delivered the shirts  manufactured of raw material “Polyster”. The product delivered to him is not same material described in the quality column of the online  portal of OP-2 that is “Cotton”  and there is lot of difference between the cotton and polyster.  There is no such material like cotton polyster that has been  mentioned on the label attached to the shirt.

It is further case of the complainant that the OP have not exercised the required care or caution but colluded to loot the customers by displaying one thing and supplying something different thus putting them in fix. There was a option to return the goods, but the complainant preferred to test the OPs integrity and honesty in protecting customer’s interest.

It is further case of the complainant that OP indulged in fooling the people around  them who believes that these web portals  always protect their interest. Then the complainant tried to contact the OPs customer care number  and tried to put  his grievances to them. However, they were not in a position to understand his plight and he became desperate as he felt that he has been cheated for his money  or mutual faith, creditworthiness, trade beliefs, honesty. Hence, he filed this complaint.

3. After filing of this complaint, notice of sent to OP. OP have appeared before this commission through their counsel and filed version.

4. The OP denied all the allegations made in the complaint and complainant filed a false, frivolous, vexatious  and filed complaint before this commission. The complaint is misconceived  and filed with ulterior motive to extract money from this OP and the complainant is not entitled to any relief from this commission and the complaint is fit to be dismissed on the ground of non-joinder of necessary party. The complainant has failed to make Next SCM Solutions Pvt. Ltd., as party to this complaint,

5. It is further case of the OP that  it was Next SCM solutions Pvt. Ltd.,  who is  has listed the information on the website of OP-2. Next SCM solution Pvt. Ltd., is engaged in the business of aggregating various warehousing and fulfillment services along with other services, it was also responsible to provide E-commerce market place order fulfillment and to create, manage, run product listing on online platforms.

6. It is further case of the OP that there is no deficiency of service  or any unfair trade practice committed by OP-1. It is pertinent to note that the OP-1 had provided the information as mentioned on the price label i.e. “Cotton Blended-Cotton Polyster” to SCM solutions pvt. Ltd. The representative of Next SCM  solutions pvt. Ltd. updated the fabric information as “Cotton”. On enquiry it was informed by Next SCM solutions Pvt. Ltd., that the Myntra portal has its own guidelines and terms are fixed. The fabric had to be selected from the dropdowns available and modification was not allowed.  There is no option of cotton blended /cotton polyster and options available for selection with respect to cotton fabric were “cotton” , “organic cotton” and “100% cotton”. Since on e-commerce portals cotton blended /cotton polyster shirts listed “cotton”  and /or “poly cotton” and  “100% cotton”. Thus without any intention of misleading the option of “cotton” was selected  by Next SCM Solution Pvt. Ltd. On checking the list of drop down the OP got  to know that the option of polycotton was also available. OP-1 informed Next SCM Solution Pvt. Ltd. That polycotton had to be selected as per the fabric. There after by email Next SCM solution  Pvt.Ltd.,  confirmed that for cotton blended shirts  they had updated the fabric as poly cotton.

7. Thus OP-1 has not committed deficiency of service or unfair trade practice as alleged by the complainant. Thus the OP-1 is known for readymade garments and thus the shirts which were purchased at the discount by the complainant are good quality and  hence there is no allegations in the complaint with respect to these shirts causing any harm to the complainant.

8. It is further case of the OP that the complainant  has purchased two shirts and the blend i.e. cotton and polyster used in the shirts. The fabric material of the shirts is neither cheap nor spurious  as alleged by the complainant. Infact the cotton polyster fabric especially  the one used in the shirts purchased by the complainant is preferred by most of the people and widely used in uniforms due to the comfort and durability it offers.

9. It is the case of the OP that being a customer centric organization, on receiving the notice from the complainant’s advocate immediately  called upon the complainant in order to resolve the grievance of the complainant through mutual discussion.  The complainant initially agreed  and later did not responded to calls. Therefore, after receiving the notice from this commission, OP-1 representative again called up the complainant to resolve the grievance, but the complainant demanded Rs.5,00,000/- as compensation, It is thus clear that the complainant in order to extract money from the OP filed this complaint. In view of this OP has not committed any  act of deficiency of service and unfair trade practice as per Consumer Protection Act, 2019. Hence, OP prays for dismissal of the complaint.

10. The complainant filed his affidavit evidence and relied on Ex.P1 to P9 and MO-1 &2 and on the other hand OP have neither adduced any evidence nor submitted arguments.  

11. We heard the arguments of the complainant.

12. The following points do arise for our consideration are as under:-

1. Whether there is deficiency in service on the part of the OP?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

13. Our answer to the above points are as under:

       Point No.1:-Negative

      Point no.2:- Negative

      Point No.3:-As per the final order.

REASONS

14. Point Nos.1 and 2:. Perused the complainant’s allegation made in the complaint,  affidavit evidence and documents, version and written arguments filed by the both the parties. It is clear from the complaint that the complainant has ordered for two cotton shirts on 07.01.2021, when he was surfing for good quality cotton shirts through E-commerce portal, he was attracted by the display of the shirts of his choice. It was displayed as “cotton” by OP-1 on the portal of OP-2. The complainant ordered two shirts and they were delivered on 10.01.2021 to the complainant along with invoice. After verification of the two shirts delivered to the complainant, he felt the texture, stiffness and feel of the shirts were different than any pure cotton. On checking the label stitched to the shirts and price tag tagged to the shirts, there were mentioned as “Cotton polyster”. Even though the complainant has ordered for pure “cotton” shirts, but the OP have delivered polyster shirts. He has produced invoice as Ex.P.1 & P2 for having ordered for two shirts to the OP company. He also produced the label attached to the shirt as Ex.P.3. Which clearly disclosed that there mentioned as “Polyster”.

15. It is further grievance of the complainant that the online portal of OP-2 described under the quality column that it is “Cotton”. However, the actual supply of the product is entirely different i.e. “Polyster”. There is lot of difference between the cotton and polyster. More ever there is no such material like polyster cotton, which amount to breach of MRTP Act, which stipulates that what has been displayed before purchase should necessarily supplied with the same material/quality/ingredients/samples that has been described or otherwise it has been treated as breach of contract. After receiving the good it is realized that the goods were supplied are not the same goods that he had ordered, but sent with some other goods other than cotton goods that has been displayed on the portal that too of cheap quality. The said act of the OP is nothing but duping the customers by giving misleading advertisements and trying to deceive the consumers by fooling him for his hard earned money.

16. After receiving the legal notice sent on 12.01.2021, the OP has changed the  label of the goods (shirts)  mentioning the quality of the shirt from cotton to polyster. This clearly shows that the OP has admitted their mistake/guilt as such taken steps to rectify the error. If at all the OP is correct then what made them to remove the said information on the online portal.

17. It is also grievance of the complainant that OP have committed deficiency of service of Unfair trade practice to the complainant and they have fooled the complainant by displaying cotton shirts and delivered polyster shirts. It is specific contention taken by the OP that there are cotton blended/cotton polyster shirts which is upto 60% of cotton. Hence, it cannot be stated shirts are polyster shirts.

18. It is further  contention of the OP that  that correct information as mentioned in the price label was provided to Next SCM Solutions Pvt. Ltd., and they  have uploaded the information without any intention of misleading under a genuine belief that the said shirts would fall under “100% cotton” and “Original cotton” are also available and it does not amount to fooling or misleading as there was no intention to misleading/fooling the complainant  or any other customer by the OP.

19. It is further objection raised by the OP that if the complainant dissatisfied with the goods i.e. fabric of the shirt they can return the shirts within 30 days.  Even though  they have given option, the complainant has not come forward to return the shirts delivered to him. In spite of that he has approached this commission by filing false complaint.

20.  The complainant filed his affidavit evidence reiterating the facts stated in the complaint. In support of his contention he also produced copy of invoices as Ex.P1 & P2. Ex.P3 is payment receipt. Ex.P4  is the copy of the legal notice, Ex.P5  is the copy of the postal receipt and Ex.P6 is the Postal acknowledgement. There is no dispute about the order made by the complainant and they have delivered MO-1 &2 by the OP company.  In support of the contention , the OP have not lead  any oral or documentary evidence.

21. It is case of the complainant that he is regular purchaser of consumerable goods by way of E-commerce through online portal. During surfing the product he was attracted by the good quality of  cotton shirts. In searching of quality of clothes, the complainant always  prefer  to purchase high end cotton shirts manufactured by good cotton thread with high counts woven from finest long staple ultrafine cotton. He was attracted by the display of  shirts which were manufactured by OP-1. While he was surfing on 07.01.2021 he placed order after paying amount. Ex.P1 & P2 produced by the complainant are tax invoice receipts. Ex.P8 & P9 produced by the complainant  are only down loaded copies  and the MO-1 & 2  two shirts delivered to him by OP.  Ex.P8 &P9 are nothing but the advertisement sheet found in the net. The complainants after verifying the drop down box  related to fabric as sample ordered two shirts  only on the basis of Ex.P8 & P9,  the advertisement page of the website. The complainant’s very much active in surfing and ordering consumer goods by way of E-commerce online portal. The complainant has ordered for cotton shirts without properly marking the nature of the fabric from the drop down menu. Under these circumstance, the OP have delivered cotton polyster shirts MO-1 & 2 to the complainant. It is also clear from the documents produced by the complainant that OP have not charged extra amount from the complainant.  They have collected only charges which is applicable for cotton polyster shirts. Admittedly, MO-1 &2  are spurious  goods.  The mistake is only limited to the order placed by the complainant and also the order received by the OP. The decision cited by the complainant is not applicable to the facts and circumstances in this case.

22. Even though the OP have approached the complainant on several times to refund the amount, the complainant without receiving   amount has filed this complaint. Under these circumstances, the complainant has failed to establish the fraud played by the OP  to the complainant and also deficiency of service and Unfair trade practice. Hence, the complainant is not entitled for relief claimed in the complaint. Hence, we answered point no.1 & 2 in negative.  

23. Point no.3:-.  Accordingly, we proceed to pass the following 

O R D E R

1. The complaint is dismissed without costs.
2. Furnish the copy of this order to both the parties, and return the spare pleadings and documents to the parties

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 16^th  day of December, 2022)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1 :  Nil