Haryana

Kurukshetra

CC/80/2019

Vishal - Complainant(s)

Versus

Myntra Design - Opp.Party(s)

In Person

29 May 2019

ORDER

BEFORE THE  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

Complaint Case No.80 of 2019.

Date of instt.:28.02.2019.

                                                                  Date of Decision:29.5.2019.

 

Vishal son of Sh. Satish Kumar, resident of House No.132/4 Ram Gali, Chhota Bazar, Thanesar, District Kurukshetra. Mobile No. 9017780020.

                                                                ……….Complainant.                               Versus

 

1. Myantra Design Private Limited, AKR Tech Park B Block, 7^th Mile, Off Hosur Road Kudlu Gate, Krishana Reddy Industrial Area Garebhabipalya, Singasandra, Bengaluru, Karnataka 560068.
2. The Logistics Manager The Returns Desk, Vector E- Commerce Pvt Ltd. 7^th Mile, Krishna Reddy Industrial Area, Kudlu Gate, Opp- Macaulay High School, Behind Andhra Bank ATM, Bangalore- 560068.

 

..………Opposite parties.

 

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986. 

                                                                                               

Before           Smt. Neelam Kashyap, President.

                    Ms. Neelam, Member.

                    Sh. Sunil Mohan Trikha, Member.

 

Present :        Complainant in person.

                    Opposite parties already exparte.

                                     

ORDER

 

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Vishal against Myntra Design Private Limited and another, the opposite parties.

2.            Brief facts of the present complaint are that on 23.12.2018 complainant purchased shoes of addidas company through online through op no.1 for a sum of Rs.18,999/-, the order number of which is 1097451-0136526-3732501 and the delivery of the same was done on 28.12.2018. That after delivery of the shoe, when the complainant checked the shoe, it was not of his size and was useless for the complainant. That thereafter on 29.12.2018 the complainant sent back the shoe to the company through the official of op no.2 namely Rajbir Singh and the return number of the shoe is 4012146531. It is further averred that to get refund of the price of the shoe, the complainant due to mistake had given his account number as 501001993394422 of HDFC Bank and the correct account number is 50100193394422 and the above said account number is of Neeraj Kumar son of Dinesh Kumar. That thereafter when the complainant contacted with the bank, he came to know that he has given wrong account number due to which the amount was sent back to the account from which it was received. That said amount was sent back in the account of Myntra company in Yes Bank bearing account No.002281400002984, the IFSC code of which is YESB0000001. It is further averred that complainant is waiting for the above said amount for two months but has not received the same till date. That complainant has sent emails to the company and has made contacts to the customer care but to no effect. That thereafter company has given UTR No.- N365180183092022 and asked to contact with the bank and when he contacted the bank they gave in writing that the amount has been sent back in the account of the company in Yes Bank. Hence, this complaint.

3.             On notice, opposite parties failed to appear and were proceeded against ex-parte.

4.             The complainant tendered his affidavit and documents.

5.             We have heard complainant and have perused the case file carefully.

6.             From the copy of billing details, it is evident that complainant purchased the shoe in question through online through op no.1 for a sum of Rs.18,999/- and said product was delivered to the complainant. However, as the said shoes were not of the size of complainant, he returned the said shoe to op no.1 vide return number 4012146531 as is evident from document Ex.C2. From the document Ex.C4, it is evident that bank has informed to the complainant that amount of Rs.18,999/- has been returned to the sender account on 31.12.2018 in Yes Bank. Not sending the amount of Rs.18,999/- to the account of the complainant for a long time by op no.1 clearly amounts to deficiency in service and unfair trade practice.

7.             In view of the above, we allow the present complaint and direct the opposite parties to refund the amount of Rs.18,999/- to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum from the date of order till actual payment. We also direct the ops to further pay a sum of Rs.1,000/- as compensation for harassment, mental agony and litigation expenses to the complainant. Both the ops are jointly and severally liable to comply with this order within above said period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

Announced in open Forum:

Dt.:29.5.2019.     

                                                                (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.