DATE OF DISPOSAL: 28.03.2024.

PER:  SRI SATISH KUMAR PANIGRAHI, PRESIDENT

            The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Parties  (in short O.Ps.) for redressal of his grievance before this Commission.

            2. The complainant booked dress material product comes to Rs.2999/- through O.P.No.1 and the same was received on 05.09.2023, but the product was not required by her as there was no purpose of keeping the product. Hence she booked a return request on 07.09.2023 with a reason that product was not required anymore and the product was opened by the delivery boy in her presence and the delivery boy told her that the parcel is different product, other than the order made by here and the return order put on hold on 09.09.2023. The complainant contacted to the Help center to the O.Ps several times and produces all evidence as per their direction. Thereafter the complainant got email stating that her return request has been accepted and her produce will be picked up within three to four days and assured her for refund of her money. Thereafter there was no positive response from the O.Ps till today, and the  O.P. replied her email that her requests has been rejected with mentioning reason being that her parcel will proceed after successful quality check. The cause of action arose on 05.09.2023 when she received the product and on 07.09.2023 when she made return request and on 15.09.2023 when she received email from the O.P. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to return the suitable product or return the costs of the product and compensation of Rs.1,00,000/ in the bests interest of justice.

            3. Notices were issued to the O.Ps. Sri S.Raj Gopal Rao, Advocate filed hazira on behalf of O.P.No.1 dated 09.02.2024 but not filed Vakalatanama.

            4. On the date of hearing the complainant is present. We heard argument from the complainant. We perused the complaint petition and documents available in the case record. The complainant submitted that the O.P.No.1 has refunded an amount of Rs.2999/- on receipt of the notice from the Dist. CDR Commission, Ganjam, Berhampur, but she is not satisfied with since the complainant has faced harassment and mental agony for lasts 5 months from the O.Ps. The O.P. picked up the dress packet from her meanwhile. In the above contest the O.Ps did not challenged the complaint at all. In view of sole testimony of complainant the complaint is allowed against the O.Ps.

            In the result we direct the O.Ps who are jointly and severally liable to pay compensation of Rs.10,000/- to the complainant within 45 days from receipt of this order. In the event of non-compliance of the order, the entire dues shall carry interest at the rate of 12% per annum and the complainant is at liberty to recover the said amount from the O.Ps in accordance to the Section 71/72 of the Consumer Protection Act, 2019.

                 This case is disposed of accordingly.

                The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

             A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.

            The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on28.03.2024