Punjab

Sangrur

CC/138/2020

Sanyam Bhardwaj S/o Sh. Supinder Bhardwaj - Complainant(s)

Versus

Myntra Designs - Opp.Party(s)

Ravneet Jyoti Singh

24 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

                                                                        Complaint No. 138

 Instituted on:   04.03.2020

                                                                         Decided on:     24.01.2023

 

Sanyam Bhardwaj S/o Sh. Supinder Bhardwaj, aged about 26 years, R/O Mohalla Bhai Ka Sunam, Distt. Sangrur Punjab 148028.

                                                          …. Complainant.     

                                                 Versus

Myntra Designs Pvt. Ltd. AKR Tech Park, B Block, Krishna Reddy Industrial Park, 7^th Mile, Kudlu Gate, Bangalore 560068.

             ….Opposite party 

For the complainant:             : Shri Shubham Garg, Adv.              

For the OP                           : Udit Goyal, Adv.

 

Quorum                                           

Jot Naranjan Singh Gill, President

Sarita Garg, Member

Kanwaljeet Singh, Member

 

ORDER

SARITA GARG, MEMBER.

1.             Complainant has filed this complaint against the opposite party pleading that the complainant is a consumer of the OP by getting booked a product vide order number 11269721105424-9464503 foreign culture by fort Collins Men Maroon solid jacket for Rs.1234/- and the complainant paid the said amount of Rs.1234/- at the time of delivery on 30.11.2019.  Further case of complainant is that after receiving and checking the product the complainant found that the same is defective one, as such the complainant requested the OP for its exchange which was confirmed by the OP vide order number 1128391-976914-8591003 on 16.12.2019 by the OP. The grievance of the complainant is that the complainant received an email from the OP on 19.12.2019 stating that the product remained undelivered.  It was further averred that thereafter the complainant approached the customer care number of the OP, who told that since the product is not available, the OP shall refund the amount to the complainant.  When the complainant did not receive the refund, despite his best efforts, then the complainant was constrained to file the present complaint.  Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the Opposite party be directed to refund the amount of Rs.1234/- to the complainant alongwith interest @ 12% per annum and further to pay Rs.20,000/- as compensation on account of mental agony, tension and harassment and further to pay Rs.20,000/- on account of litigation expenses.

2.             In reply filed by the OP, preliminary objections are taken up on the grounds that the complainant has suppressed material facts from this Commission, that the present complaint is not maintainable  and that the OP is an intermediary only. On merits, it is stated that in the present case the order of the complainant was cancelled by the seller and not by the opposite party. Further the seller has intimated the OP that he is ready to refund the amount and the same has been communicated to the opposite party.  The Op being an intermediary is not associated with the transaction entered between the complainant and the seller, therefore, it has been stated that the OP has not indulged in unfair trade practice of any sort and the refund process has been delayed by the complainant himself as he has not shared the detailed with the OP. The other allegations leveled in the complaint have been denied.

3.             The learned counsel for the parties produced their respective evidence.

4.             The learned counsel for the complainant has argued vehemently that the complainant is a consumer of the OPs by getting booked a product vide order number 11269721105424-9464503 foreign culture by fort Collins Men Maroon solid jacket for Rs.1234/- and the complainant paid the said amount of Rs.1234/- at the time of delivery on 30.11.2019, a copy of the order is Ex.C-1 on record.  The learned counsel for the complainant has further argued that the complainant received the said product vide document Ex.C-2, the complainant after receiving and checking the product he found that the same is defective one, as such the complainant requested the OP for its exchange which was confirmed by the OP vide order number 1128391-976914-8591003 on 16.12.2019, Ex.C-3. The grievance of the complainant is that the complainant received an email from the OP on 19.12.2019 stating that the product remained undelivered.  It was further contended by the learned counsel that thereafter the complainant approached the customer care number of the OP, who told that since the product is not available, the OP shall refund the amount to the complainant.  When the complainant did not receive the refund, despite his best efforts, then the complainant was constrained to file the present complaint.  On the other hand, the learned counsel for the OP has contended that the seller has intimated the OP that he is ready to refund the amount and the same has been communicated to the opposite party.  The Op being an intermediary is not associated with the transaction entered between the complainant and the seller, therefore, it has been stated that the OP has not indulged in unfair trade practice of any sort and the refund process has been delayed by the complainant himself as he has not shared the detailed with the OP. But we are unable to accept such a contention of the learned counsel for the OP that the complainant did not share the bank details with the OP. Ex.C-6 is the copy of bank passbook of the complainant showing his account with the HDFC Bank, Branch Sunam having account number 50100063603352, which document was produced by the complainant in his evidence on 28.09.2021, but even thereafter the OP did not make any efforts to transfer the amount of Rs.1234/- in the account of the complainant.   All these documents have been duly supported by the affidavit of the complainant which is Ex.C/A. On the other hand, the OP has also produced affidavit Ex.OP-1 of Ms. Sheetal Tiwari, authorized signatory of the OP, wherein the amount of Rs.1234/- payable to the complainant is almost admitted in para number 12 and 16 of the  said affidavit.  In the circumstances of the case, we find it to be a admitted case where the OP is ready to refund the amount of Rs.1234/- to the complainant.  

5.             In view of our above discussion, we allow the complaint and direct OP to refund/pay to the complainant an amount of Rs.1234/- alongwith interest @ 7% per annum from the date of filing of the present complaint i.e. 04.03.2020 till realization. We further direct OP to pay to the complainant an amount of Rs.2000/- as compensation for mental tension, agony and harassment and litigation expenses. 

6.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

7.             This order of ours be complied with within a period of sixty days of its communication. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

Pronounced.

                        January 24, 2022.