West Bengal

Jhargram

CC/8/2023

Manindra Nath Besra - Complainant(s)

Versus

Myntra Online Shopping - Opp.Party(s)

Self

18 Mar 2024

ORDER

D.C.D.R.C. Jhargram
Raghunathpur , Near Sashan Kali Temple
Jhargram Municipality , Ward No. 12
Jhargram -721507
 
Complaint Case No. CC/8/2023
( Date of Filing : 01 Sep 2023 )
 
1. Manindra Nath Besra
S/O Late Jiban Kumar Besra Village - Belpahari Post- Belpahari P.S.- Belpahari Dist- Jhargram PIN 721501 State West Bengal
Jhargram
West Bengal
...........Complainant(s)
Versus
1. Myntra Online Shopping
Myntra Designs Private Limited Buildings Alyssa,Begonia & Clover Embessy Tech Village, Outer Ring Road, Devarabeesanhalli Village Bangalore KA 560103
KARNATAKA
2. Savadika Retail Private Limiteed
Delhivery Pvt Limited, D.No 536/12,Sy. Nos. 688,689 (Part) 14, (Part) Gundlapochampally,Village (Near Kompally), Medchal Mandal, R.R. District, Hyderabad, Telangana-500014
TELANGANA
3. Myntra Online Shopping
Plot no. 82A,2nd and 3rd Floor, Sector 18, Gurugram,Haryana-122015
HARYANA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Samiran Dutta PRESIDENT
 HON'BLE MRS. Anjali Chaturvedi MEMBER
 
PRESENT:
Present
......for the Complainant
 
Absent
......for the Opp. Party
Dated : 18 Mar 2024
Final Order / Judgement

 

 

For the Complainant: Self

For the OP: Ld. Advocate, Sri Joydeep Mondol

 

FINAL ORDER / JUDGEMENT

Order No.06

Date:18-03-2024

 

The complainant is present.

No steps is taken by the OP, but Written Version is filed. The case is taken up for Final Disposal..

The complainant’s case is that he booked an order for purchase of a pair of shoes for Roadstar shoes for Rs. 519/- with OP. But after payment in cash on delivery on 01.09.2021 he found after opening the box that both the shoes of Left Leg has been delivered without delivering the right pair.

The matter was reported to the OP via email on several times but nothing has been done. Legal notice was also sent to the OP for redressal of grievance.

Hence this case.

OP did not prefer to contest the case by filing any Written Version despite service of Notice.

 

 -: Decision with reasons :-

Having regard to the fact of the case the Commission finds that, the complainant has got delivery of Left pair of shoes only without Right pair as it is seen from the photograph which is on record and the material exhibit of the Roadstar shoes produced before the Commission at the time of hearing. The Complainant has prima-facie proved the case and he is entitled to get relief as prayed for.

The case succeeds .

Hence, it is ordered that the case  is allowed on contest against the OP. OP is directed either to deliver fresh pair of Roadstar Shoes for the same value or to refund the price thereof after taking return delivery of the left pair of shoes within a fortnight from this date in default law will take its own course.

OP must bear cost of Rs. 5000/- (Rupees five thousand only) as litigation cost and compensatory cost for mental harassment in favour of the complainant within the stipulated period.                                                                                                                                                                           

 

 
 
[HON'BLE MR. Samiran Dutta]
PRESIDENT
 
 
[HON'BLE MRS. Anjali Chaturvedi]
MEMBER
 

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