D.O.F:12/11/2020

                                                                                                    D.O.O:13/07/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD

CC.No.154/2020

Dated this, the 13^th day of July 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Vishnu Vijayan.K

Maniyara. House,

Near Divine Providence English School,                           : Complainant

Pallikkara, Nileshwar, 671314

                                                            And

Mynthra Designs Private Limited (Corporate Office)

A.K.R.Tech Park – B Block

Krishna Reddy Industrial Area

7^th mile ,  Kudlu Gate

Bangalore – 560068

(Adv: Pradeep Rao & Shajid Kammadam)                       : Opposite Party 

ORDER

SMT.BEENA.K.G    : MEMBER

     This complaint is filed on the ground of deficiency in service and unfair trade practice on the part of opposite party as they delivered ladies bra instead of T-shirt to the complainant through online purchase and there by caused severe mental agony and loss to the complainant.

     The brief facts of this complaint is that the complainant Vishnu Vijayan placed order for T- shirt from opposite party through online platform on 15/10/2020 for Rs.314/- and paid the amount through google pay.  On 28/10/2020 the complainant received a ladies bra through courier.  Immediately the complainant contacted to the help centre of opposite party through phone call and requested either to deliver the ordered product or refund the amount.  As per the advice of opposite party the complainant sent the photographs and details of delivered product to opposite party. The Complainant contacted and informed his grievances to the opposite party through all possible ways and received a message that the opposite party will take steps to redress his grievance before 07/11/2020.  The Complainant is seeking a compensation of Rs. 25,000/- for mental agony and loss suffered by him due to the negligence and deficiency in service on the part of opposite party.

     Notice of opposite party served, but not turned up.  Name of opposite party called absent set exparte.  Thereafter opposite party filed IA 72/21 to set aside the exparte order passed against them.  Version received on payment of cost to the complainant.

     The opposite party filed version stating that the complainant might have mistakenly considered the opposite party as the seller of the product and this is the complete negligence on the part of the complainant.  According to him Mynthra designs Private Limited is mere an online intermediary providing a common platform to the buyer and independent third party seller.  That the opposite party is engaged among others in providing trading, selling facility over internet through its website www. Mynthra com.  The opposite party provides an online market place e commerce entity as defined under consumer Protection Act 2019 consumer protection rules 2020 Myntra plat form is an electronic market place model E commerce plat form which as an intermediary to facilitate sale transactions between independent third party sellers and customers.  For any act of the seller the market place E commerce plat form or its operating entity cannot be held liable.  All the products of Mynthra Plat form as sold by third party sellers who avail of the online market place services provide by the opposite party on terms decide by the respective sellers only.  The product purchased by the complainant has not been sold by opposite party   and opposite party has no role in supply. The services of opposite party are similar to a shopping mall were various shops are rented out to different sellers who independently carry out sale proceedings with the customer/visitors of the shopping mall and in case of the any defect in the goods sold by such shop owners it is the seller who is had liable.  And this opposite party shall not be held liable for any liability owing to such contracts.  Mynthra is not responsible for unsatisfactory for delayed performance of services or damages or delay as a result of product which are out of stock unavailable or back ordered.  The whole grievance of the complainant pertains to the alleged wrong product instead of the ordered product.  The opposite party duly escalated the grievance of the complainant to the seller and tried to resolve the grievances of the complainant by giving proper resolution of the same as much as opposite party can do in its intermediary capacity.  The opposite party requested the complainant to share the barcode of the order delivered to the complainant but the complainant failed share the same and because of non sharing of barcode by the complainant to the opposite party the claim of the complainant was not validated.  Hence the responsibility to provide the replacement and refund lies up on the seller and manufacture of the product.

         The Complaint filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext A1 to A5 marked.  Both sides heard, opposite party filed argument notes.  The questions raised for considerations are:-

1. Whether there is deficiency in service and negligence on the part of opposite party?
2. Whether complainant is entitled for relief?
3. If so what is relief?

    For convenience issue No 1,2 and 3 discussed together

   The complainant placed order for T- shirt from opposite party on 15/10/2020 for Rs. 314/- and the amount is paid through google pay on 28/10/2020 the complainant received the courier but it contained a lady bra instead of T- shirt.  The complainant immediately contacted help centre of the opposite party and as per the directions sent the photographs and details of the ordered product.  The complainant again requested either to deliver the ordered product or refund the amount.  The complainant contacted and informed his grievances to opposite party and opposite party offered to take necessary steps but in vein.  Ext A1 is the tax invoice, Ext A2 is the order item delivered, Ext A3 and A4 are mail communications, Ext A5 is the photos of the received item.   We carefully gone through the affidavit documents version and argument note filed by both parties Ext A4 and A5 proves that there is negligence and deficiency in service on the part of opposite parties.  According to opposite party they are only intermediary.  But the consumers are not purchasing products directly from manufacturer, instead from intermediary.  Moreover opposite party had not given the name and address of real seller.  So the opposite party is held liable for the loss and agony suffered by the complainant due to the negligence of opposite party.  The complainant is entitled for relief.  This commission is of the view that an amount of     Rs. 3000/- is a reasonable compensation in this case.

            In the result complaint is allowed directing opposite party to give a compensation of Rs. 3000/- (Rupees Three thousand only) to the complainant together with Rs. 2000/- (Rupees Two thousand only) as cost.

The time for compliance is thirty days from the receipt of the copy of this judgement.

     Sd/-                                                            Sd/-                                               Sd/-

MEMBER                                                 MEMBER                               PRESIDENT

Exhibits

A1- Tax invoice

A2- order item delivered

A3 & A4 Mail communications

A5-  Photos of the received item

    Sd/-                                                          Sd/-                                            Sd/-

MEMBER                                                 MEMBER                               PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/