Complainant Harpreet Singh vide the present complaint U/S 12 of the Consumer Protection Act, 1986 (hereinafter for short the Act) for issuance of the necessary directions to the opposite party to pay Rs.4084/- i.e. price of returned items alongwith interest @ 24% P.A. from the date of due till its realization. Opposite party be further directed to pay Rs.50,000/- towards mental and physical harassment alongwith Rs.20,000/- as litigation expenses, in the interest of justice.

2.       The case of the complainant in brief is that he used to purchase articles from online application of opposite party under the name and style of “MYNTRA’ and on 23.12.2019, the complainant ordered 3 items from opposite party online application for his son and wife from his registered Mobile No.98555-45746 and registered E-mail ID:-Harpreetghuman.adovcate@gmail.com i.e. Y.K.Boys Multicoloured Striped Pullover worth Rs.599/- and Nike Boys Black Downshifter 7 Running Shoes worth Rs.1593/- and Nike Women Black Running Shoes worth Rs.2491/-. The total of all the three items comes to Rs.4668/-. He made the online payment through his Debit Card of his account which he is holding in Kotak Mahindra Bank. He was assigned order No.112900381115840445203. As per the policy of opposite party, the articles were returnable within 30 days from the date of delivery. He has next pleaded that he received the abovesaid items on 01.01.2020 and when he tried the items, it was found that the items were not fitting properly to his son and wife and as such he had to return all the three items to the opposite party being not as per size of his son and wife. He placed return request to the opposite party on the same day and he received E-mail from the opposite party confirming his return request. On 2.1.2020, all the three items were picked by the agent of the opposite party from his residence and he assured the complainant that amount deducted from his account would be refunded within seven days. On the same day i.e. 02.01.2020 in evening, he received-mail from the opposite party stating that the return request for two items of complainant has been put on hold. He has further pleaded that he made call to Customer Care number of opposite party and asked the reason for putting two items on hold but they assured that the problem of complainant would be resolved shortly and there was no need to worry about the same. He has further pleaded that he received E-mail from opposite party on 06.01.2020 stating that the return request of Mike Boys Black Downshifter 7 Running Shoes has been declined after multiple reviews. He was astonished after receiving the abovesaid E-mail of the opposite party and he again on 6.1.2020 called to Customer Care number of opposite party and again lodged the complaint regarding both the products, the request for which have been put on hold. The Customer Care executive again assured him that they are already looking into this and will get back to him within 48 hours but no response was received by the complainant from opposite party. On 12.01.2020, 14.01.2020 and  finally on 23.1.2020, he again made calls to opposite parties Customer Care Service number and on 23.1.2020, he received another E-mail from opposite party stating therein that the return request for Nike Women Black Running shoes has been declined after multiple reviews. Thereafter he made several calls to opposite party’s customer care, but no fruitful result came out of it. The act of the opposite party that they have not refunded the amount of items returned by the complainant amounted to deficiency in service on their part. Hence, this complaint.

3.          Notice of the complaint issued to the opposite party was not received back. Case called several times but none had come present on its behalf, therefore, it was proceeded against exparte vide order dated 19.2.2021.

4.      In exparte evidence, complainant has tendered into evidence his own affidavit Ex.CW/A, along with the other documents exhibited as Ex. C1 to Ex.C7 and closed the evidence.

5.      We have carefully gone through the exparte pleadings of counsel for the complainant; arguments advanced by his respective counsel and have also appreciated the evidence  and written arguments produced on record with the valuable assistance of the learned counsel for the purposes of adjudication of the present complaint.

6.     On 23.12.2019, the complainant ordered three items for his son and wife from the opposite party through online application from his registered mobile No.9855545746, E-mail ID:-Harpreetghuman.adovcate@gmail.com i.e. Y.K.Boys Multicoloured Striped Pullover worth Rs.599/-, Nike Boys Black Downshifter 7 Running Shoes worth Rs.1593/- and Nike Women Black Running Shoes worth Rs.2491/-. The total of all the three items comes to Rs.4668/-.  It is averred that the complainant made the online payment through his Debit Card. All the three products were delivered to the complainant on 1.1.2020. On receiving the product, the complainant found that all the three items did not fit in well to his son and wife and accordingly he placed return request  of all the items on the same very day i.e. on 1.1.2020. The opposite party confirmed the return request of the complainant via E-mails dated 1.1.2020 i.e. Ex.C-1 and Ex.C-2.It is further averred that the opposite party picked up all the three items on 2.1.2020 and also assured the complainant that the money deducted from the complainant’s account i.e. the price of the three items, would be refunded within 7 days. On believing the opposite party’s agent, the complainant handed over all the three items to him. On 2.1.2020, the complainant received an e-mail i.e. Ex.C-3 from the opposite party that the return request of two items has been put on hold. Ex.C-4 is an e-mail dated 6.1.2020 whereas opposite party has mentioned that they are unable to accept the return request for Down “Shifter 7 Running Shoes”, as the price tag of the product is missing. Vide Ex.C-6 dated 23.1.2020 opposite party has specifically written in the e-mail that “Quality check fail, request declined after multiple reviews.” Ex.C-7 is the list of the complaints made by the complainant to the opposite party but to no use. Since 2.1.2020, both the items have been in the custody of the opposite party who has neither refunded the price of the items nor returned the product to the complainant which amounted to deficiency in service on the part of the opposite party and the complainant underwent a lot of physical as well as mental harassment.

7.       Moreover, on notice, opposite party failed to contest the claim of the complainant which shows indifferent attitude of the opposite party to redress the grievance of the complainant.

8.     As an upshot of the aforesaid discussion, we partly accept the complaint of the complainant with a direction to the opposite party to refund the amount of Rs.4084/- (i.e. the price of two items) to the complainant. Opposite party is further directed to pay a sum of Rs.4,000/- as compensation for the harassment undergone by the complainant alongwith a sum of Rs.4,000/- as litigation expenses. Order be complied within a period of 30 days from the date of the receipt of the certified copy of this order.

9.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

             (Neelam Gupta)

                                                                            President   

Announced:                                                        (Jyotsna)

July 14, 2021                                                       Member

*MK*