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.