Delhi

East Delhi

CC/140/2018

AJAY CHATTERJEE - Complainant(s)

Versus

M/S WAYZ ONLINE RETAIL - Opp.Party(s)

27 Aug 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 140/18

 

Mr. Ajay Chatterjee

S/o Late Shri Ashit Chatterjee

R/o B-7/8, Ganesh Nagar

Pandav Nagar Complex

Delhi – 110 092                                                          ….Complainant

Vs.    

 

1. M/s. Way 2 Online Retail Pvt. Ltd. (Whaaky Time)

Through Managing Director

No. 1-8-319/2, Pattigadda Road

Negumpet, Hyderabad – 500 016                                    …Opponent

 

 

Date of Institution: 26.04.2018

Judgement Reserved on: 27.08.2019

Judgement Passed on: 30.08.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

            This complaint has been filed by Shri Ajay Chatterjee against        M/s. Way 2 Online Retail Pvt. Ltd. (Whaaky Time) (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant placed an order for 2 Track Pants and 2 Jeans (Size 34) with M/s. Way 2 Online Retail Pvt. Ltd. (Whaaky Time) (OP) for a sum of Rs. 949/- vide order no. WH3384 dated 08.01.2018 and received the same on 11.01.2018. 

It was stated that after opening the parcel/courier, the complainant was shocked and surprised to discover that the ordered products look like used, washed and ironed (second hand) and not new products.  He immediately contacted the customer care executive of OP and asked to make refund of the cost of the products of Rs. 949/- as the products were inferior and of defective quality.  

It was further stated that the complainant sent email to OP on 11.01.2018 alongwith images of old, used and substandard products and asked for refund of Rs. 949/-.  On 12.01.2018, OP acknowledged their mistake via email and asked the complainant to send the defective products at the address of OP for replacement.  In reply on 12.01.2018 itself, the complainant made it clear to OP that he needs his money refunded and OP shall get the old used material picked up.

It was also stated that the complainant sent a letter dated 14.02.2018 to OP thereby giving reference of the online registration of complaint, but of no avail.  Hence the complainant has prayed for refund of Rs. 949/- alongwith 18% interest w.e.f. 11.01.2018; compensation of        Rs. 50,000/- towards mental agony, harassment, inconvenience and hardship caused and Rs. 22,0000/- towards cost of litigation.   

3.         OP did not put the appearance inspite of service.  Hence, they were proceeded ex-parte.

4.         In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited copy of online order no, WH3384 dated 08.01.2018 (Ex.CW-1/1), copy of emails dated 11.01.2018 and 12.01.2018 (Ex.CW-1/2 to 1/4 colly.), copy of letter dated 14.02.2018 (Ex.CW-1/5).  In terms of the order of this Forum, the complainant returned the defective, substandard, old and used products (jeans and trousers) to OP vide courier and also sent an email for refund of the cost of products.  Copy of courier receipt and email sent to OP were got exhibited as    Ex.CW-1/6 and 1/7. 

6.         We have heard the complainant in person and have perused the material placed on record.  From the documents placed on record such as email of dated 12.01.2018 sent on behalf of M/s. Way 2 Online Retail Pvt. Ltd. (Whaaky Time) (OP), they have verified the complaint of the complainant and the images sent with it.  They have apologized for the inconvenience caused to the complainant and have informed the complainant to send the products for replacement.  Though, initially the complainant did not send the products for replacement, but during the course of proceedings, he has sent the same for replacement. 

In support of this, he has placed on record track report of courier company through which the products have been sent.  The fact that complainant have sent the products and M/s. Way 2 Online Retail Pvt. Ltd. (Whaaky Time) (OP) have not responded, certainly, it amounts to deficiency in service for which the complainant is entitled for the cost of products as well as the compensation.

            In view of the above, we order that M/s. Way 2 Online Retail Pvt. Ltd. (Whaaky Time) (OP) shall refund an amount of Rs. 949/-, cost of the product + Rs. 340/-, courier charges and a compensation of Rs. 1,000/- on account of mental agony and harassment within a period of 30 days of receipt of order.  If not paid, total amount of Rs. 2,289/- shall carry 9% interest from the date of order.    

Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

        Member                                                                                President