DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

 

Complaint No. 28 of 2022

Date of Institution:01.04.2022

Date of Decision: 09.11.2022

 

 

Amarbir Singh from Village Kheri PO Mullanpur Kalan District  Fatehgarh Sahib.

 

…………....Complainant

Versus

 

Boat (Imagine Marketing Services Pvt.Ltd)2nd Floor,19,16,Hauz Khas Village, Deer Park, Hauz Khas, New Delhi 110016, India

..………....... Opposite Party

 

Complaint under Section 35 & 36 of Consumer Protection Act 2019

Quorum

 

Sh. Pushvinder Singh, President

Ms. Shivani Bhargava, Member 

Sh. Manjeet Singh Bhinder, Member

 

Present: Complainant in Person.

     OP.  Ex-Parte

Order By 

 

Ms. Shivani Bhargava, Member 

 

              The present complaint has been filed by the complainant against the OP (opposite party),  Under Section 35 & 36 of Consumer Protection Act-2019 alleging deficiency in service with the prayer for giving direction to the OP to refund Rs.1249/- and Rs.1,00,000/- as compensation for mental Agony

2.     The brief facts of the complaint are that complainant purchased online Boat Stone 260 Charcoal Black Speaker from Boat Imagine Marketing service from their website. Complainant placed order on 15 June 2021 for Rs.1249/- through U.P.I with payment  ID Pay-HNFblvc2BrUOVy . Order was  confirmed by OP & mode of payment was prepaid. On 19.6.2021, order was delivered but complainant was not satisfied with the  product. He placed  return request on 20.6.2021. Order was picked up reverse on 28. June 2021 by the courier Company Delhivery   surface authorized by Seller &  pick up acknowledgement number was 397356444. Complainant had not received refund of 1249/-  against returned speaker. He tried to contact Consumer  care number of OP several times but to no avail. Hence this complaint.

3         Notice of the complaint was given to the OP through registered Post. Despite being duly served,  OP  did not come forward to contest the present complaint as evident  from the record on the file, so OP  was proceeded against Ex -parte. 

4.            In his Ex-Parte evidence, the complainant furnished his affidavit in support of his complaint  as Ex.CW1/A along with documents  as Ex.C1 to Ex.C4 and closed the evidence. 

5 .                 We have perused the complaint  and heard the  complainant and gone through the file.

6.                   There is no dispute about the fact that the complainant purchased Boat Speaker online from  Imagine Marketing Private Limited for Rs.1249 on 15.6.2021  (Ex.C1 i. copy of bill). Product was delivered  to him on 19.6.2021. He was not satisfied with his purchase and placed return request for same on 20.6.2021  .  Product was picked up by  Seller  authorized courier  company on 28.6.2021 and return  request was completed(Ex.C2 i.e track details). Refund request raised by complainant was approved by  OP on 21.6.2021 ( Ex.C3 i.e Check status of ticket). After return of the product , he did not get refund.

7.                 The complainant has proved the complaint by way of  documentary evidence & affidavit in support of the allegations set out  in the complaint which goes unrebutted & unopposed  in the  absence of the OP. It raised a reasonable presumption  that OP remain deficient in  providing service. OP did not come forward to contradict  the allegations.

8.                  As  reliance placed on C.P(E-commerce)  Rules 2020, Rule4(5)     Every e-commerce entity shall ensure that the grievance officer referred to  acknowledge the receipt of any consumer  complaint within forty  eight hours  & redresses the complaint  within one month from the date of receipt of the complaint.  

               Rule5(3) (c) E-commerce entities are required to provide information to consumers relating to return, refund, exchange,  warranty & guarantee, delivery & shipment , modes of payment , grievance  redressal  mechanism and any other similar information , which may be  required by consumers to make informed  decisions. 

9.                With increasing popularity of E-Commerce websites, E-Commerce business in India has ushered a significant  change in shopping habits of consumers. When they  decide to buy a product, they  primarily rely on the information provided by companies in their product  advertisement . However, this  race to be on top has led to  an increase in  malpractices of false  claims. E-Commerce Sellers  and companies can not refuse to take back goods or  refuse  refunds if such goods are deficient , defective or delivered late, if they don’t  meet the description on the platform or if the buyer is not satisfied.     

                     In the present case, complainant was not satisfied with the Product and Product was returned by the buyer  and product amount paid was  approved for  refund  after quality check up of  returned product by the Seller. Even then they did  not issue  refund to the  complainant been more than a year. It is unfair trade practice on the part of the Seller that they make false promises to the buyer to sell their products and claim to refund  amount paid if the buyer  is not satisfied with his purchase. After sale of product, they  do not bother the grievances of the  consumers  and are deficient in providing services. 

10.               In view of our aforementioned discussion, we allow the complaint partly & direct the OP to  refund the amount of Rs.1249/- to the complainant . The OP is also directed to pay Rs.1000/- as compensation  for mental agony.  The compliance of this order be made by the OP within a period 45 days from the date of receipt of certified copy of this order. Thereafter it shall be liable for  an interest @ 6% P.A on the amount of Rs.1249/- from the date of filing complaint, failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within a specific period as provided by the statute due to rush of work and large pendency. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record room.

Announced: 09.11.2022

 

(Pushvinder Singh)

President

                                                                     

     

                                                                                   (Shivani Bhargava)

Member

 

                                                                                    (Sh. Manjeet Singh Bhinder )

                                                                                                                                       Member