PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 15/2024
Present-Dr. Ramakanta Satapathy, President,
Sri. SadanandaTripathy, Member,
Sanjay Kumar Naik,
S/o-Dhirendra Kumar Naik,
At-Khuntulabahal, Po-Gudrapada, Via-Jamankira
Bhojpur, Dist-Sambalpur-768107, Odisha
Mob No. 9778436405
Email ID-sanjaynaik1990@gmail.com ……….......Complainant.
Vrs.
- MYNTRA DESIGNS PVT. LTD.
SY No.8 to 14 and 55 Alyssa Begonia Clover Embassy tech Village, Outer ring Road, DevarbisanahalliVarthurhobli, Bengaluru urban, Karnataka, 560103.
- Shreyash Retail Private Limited.
L.R. Khatian No. 5820, J.L. No.11, Mouza-Belumiki,
Ps-Serampore, Pearpur Gram Panchayat, Shirampur,
West Bengal-712223. …....……….Opp. Parties
Counsels:-
- For the Complainant :- Self
- For the O.P. No.1 :- Sri. A.K. Sahoo & Associates
- For the O.P. No.2 :- Ex-parte
Date of Filing:09.01.2023, Date of Hearing :14.05.2024, Date of Judgement :25.06.2024
Presented byDr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant purchased one Titan Men Green printed Dial & Broen Leather Straps Analogue Watch, Model No. TITNWTCH60397562, vide invoice No. 11924SE 003180598 dated 14.12.2023 from O.P. No.2 online. The product was received on 17.12.2023. When the product was received the Complainant found a different specification product WROGN Company wrist watch Model No. WRG00047B and MRP is Rs. 2999/-. Return request was made on 17.12.2023 the O.Ps not responded. Till date product has not been exchanged nor price paid Rs. 8571/- refunded. Being aggrieved complaint has been filed.
- The O.P. No.1 in reply submitted that the O.P. No.1 is an online market place. Analogue watch was purchased from third party i.e. O.P. No.2 seller and supplied through logistic service provider. The grievance of the Complainant was escalated to O.P. no.2 but the O.P. no.2 rejected the return request. As per Sec. 79 of the information Technology Act, 2000 the O.P. No.1 is protected. Seller is responsible for delivery of goods to the customers. The complaint is not maintainable against the O.P. No.1.
- The O.P. No.2 seller has been set ex-parte.
- Perused the documents filed by the Complainant. Vide invoice No. 11924SE003180598 the Complaint purchased Titan Men Green Printed Dial & Bown Leather Straps Analogue watch through online platform for Rs. 8571/- and the O.P. No.2 is the seller. Platform fees has been taken by O.P. no.1 for Rs. 20/- vide invoice No. 12924MY 125725126 of 13.12.2023. The Complainant has been supplied with product WRG00047B and price is Rs. 2999/-. Complaint was made. The O.Ps company on 30.12.2023 re-evaluated the case IN-23121714-3553-73933344 and stated there is no tampering to the package was reported and closed the case. The Complainant filed the photographs of the packaged material and the product.
- The O.P. no.1 is an online platform and brings a link between the sellers and buyers. As per section 79 of the information and Technology Act, 2000 the O.P. No.1 is exempted from the liability.
In the present complaint the O.P. No.2 is the seller and issued invoice No. 1924SE003180598 dated 14.12.2023 for Rs. 8571/- whereas delivered product No. WRG00047 B for Rs, 2999/-. The O.P. No.2 not supplied the specified product. When complaint was made, it was closed stating that there is no tampering to the package reported. It proves the evil intention of the O.P. no.2 and unfair trade practice. Non supply of choice goods to a consumer on payment amounts to deficiency in service.
Accordingly following order is passed:
ORDER
The complaint is allowed ex-parte against O.P. No.2 and dismissed on contest against O.P. no.1. The O.P. No.2 is directed to refund Rs. 8571/- with 12% interest P.A. W.e.f. 17.12.2023 within one month of this order. In case of non-payment the amount will carry 14% interest P.A. till realisation. For deficiency in service and unfair trade practice the O.P. No.2 shall be liable to pay compensation of Rs. 25,000/- and litigation cost of Rs. 5,000/-.
Order pronounced in the open court on 25th day of June, 2024.
Supply free copies to the parties.