Orissa

Cuttak

CC/96/2015

Bajarang Lal Sharma - Complainant(s)

Versus

M/s Swarnim Apparels - Opp.Party(s)

Self

07 Mar 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C. No.96/2015

             Bajrang Lal Sharma,

Res. of Plot No.IC/67,Sector-9,C,.D.A,

Markat Nagar,Dist_Cuttack753014.                                             … Complainant.

 

                Vrs.

 

1.    M/s. Swarnim Apparels,

At:226,Chetak Chambers,

R.N.Marg,PO/PS:Indore-452001(M.P).

 

2.        Rediff.com India Ltd.,Mahalaxmi Engineering Estate,

                  L.J.Road#,Mahim(West),Mumbai-400016.                                     … Opp. Parties.

 

 

Present:   Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   10.09.2015

Date of Order: 07.03.2017.

 

For the complainant:               Self.

For Opp.Parties.    :                  None.

 

 

Sri Dhruba Charan Barik,President.

                The complainant has filed this case alleging deficiency in service and unfair trade practice against the O.Ps and seeking appropriate relief in terms of his prayer.

1. The fact of the case of the complainant is that he placed an order online with the O.P.2 for purchase of “Swarnim Brick Leopard Round Neck T-sirt-SA3D04M” for his son.  Accordingly the O.P.1 who is the Vendor of O.P.2 executed the said order vide No.11825616.  The payment for the product was made on 8.7.2015 against cash on delivery.  But it was found that the size of the product was not according to the specification.  As such son of the complainant could not use the same.  It was returned to O.P.1 on 11.7.2015 with a request for exchange of the same product against a larger size ‘XL’.  The xerox copy of the E.Mail address to O.P.1 is annexed herewith and marked as Annexure-1.  In spite of it, O.P.1 did not despatch the product in exchange even after lapse of 20 days.  This fact was communicated to O.P.2 vide E.Mail dt.7.8.2015.  Annxure-2 is the xerox copy of the said E.Mail.  The O.P.2 also agreed to reimburse the amount on submission of proof of delivery.   Annexure-3 is the xerox copy of the E.Mail dt.10.8.2015 sent by the O.P.2 to the complainant.  Thereafter, the complainant submitted proof of delivery to O.P.2 vide E.Mail dt.13.8.15.  Annexure-4 is the xerox copy of the said E.Mail.  O.P.1 was also reminded vide registered letter dt.19.8.15 for refund of the amount.  Annexure-5 is the xerox copy of the said letter sent by the complainant.  O.P.2 was similarly requested vide E.Mail dt.31.8.15 for refund of the amount.  It was duly received by O.P.2 on 31.8.15.  Annexure-6 & 7 are the said E.Mail dt.31.8.15 and the acknowledgement receipt made by O.P.2.  In spite of her repeated requests both the O.Ps remained silent for about 2 months.  This is tantamount to deficiency in service and unfair trade practice on the part of both the O.Ps.

Lastly the complainant filed the present case with a prayer to direct the O.Ps to refund Rs.619/- and Rs.68/- towards cost of the product and postal expenses respectively, to pay Rs.5000/- towards compensation and Rs.1000/- towards cost of litigation to the complainant.

2. Both the O.Ps neither entered appearance nor filed the written version of their case.
3. We have gone through the case record and the relevant Annexures filed by the complainant.  In absence of anything to the contrary, it is held that the O.Ps are rendering deficient service to the complainant and also following unfair trade practice.  Hence ordered;

                                                                                            ORDER

                                The prayer of the complainant is allowed exparte against the O.Ps 1 & 2.  The O.Ps are hereby directed to pay Rs.619/- towards cost of the product i.e. T-shirt and Rs.68/- towards postal expenses together with Rs.2500/- towards compensation and Rs.500/- towards litigation cost to the complainant.  This order shall be given effect to within a period of 45 days of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 7^th day of March,2017 under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                      President.

                                                                                                                (Sri B.N.Tripathy )

                                                                                                                        Member.

                                                                                                             (Smt. Sarmistha Nath)

                       Member(W)