DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA,
AT: KASTURI NAGAR, Ist. LANE, L.I.C. OFFICE BACK,PO/DIST: RAYAGADA, STATE: ODISHA,
PIN NO.765001, PHONE/FAX NO.06856-223025.
....
C.C. Case No.96/ 2015
P R E S E N T .
Sri Pradeep Kumar Dash, LL.B President
AND
Smt. Ch. Nirmala Kumari Raju, LLB Member
Mr.Surya Narayan Tripathy (ASI/RO) Office of DIGP,CRPF, At: Ranaiguda Firm, Near Bethal Church, Rayagada, Odisha.
………..Complainant
Vrs
Naaptol Service Warehouse, Naaptol Online Shopping Pvt. Ltd., C/o 13PL Solutions, Old No.B98,New Pandey Medicos, New Delhi, Pin:110096. ……..….Opp.Party
For the Complainant: In Person
For the O.P: Sri B.S.Nayak, Advocate, Rayagada.
JUDGMENT
1. The facts of the case in brief is that the complainant has ordered seven numbers of bed sheet and fourteen pillow cover from Naaptol online shopping Centre through phone and got clarification from his customer executive that all the bed sheets and pillow cover are 100% cotton then the complainant order vide Order No.13447095 and received the parcel after 15 hours and paid amount of Rs.3398/- but after opening the product packet it seen that product are 100% Polyester and very worst condition. After that the complainant lodged a complaint through phone vide complaint No.9151744 but Naaptol team leader Mr.Mahendra Bisht (Sr.Exeutive) replied that product reverse system is not available . The complainant again and again requested to return the amount but they denied and advised to return the product and after getting the product the company refund the amount through cheques which is totally unjustified and not believable. Hence, prayed to direct the O.p to return the amount paid by the complainant and take back the bet sheet and also direct the O.p to pay compensation of Rs.20,000/- for mental agony. Hence, this complaint.
On being noticed, the O.ps appeared through their advocate and filed written version inter alia denying their petition allegations on all its material particulars. It is submitted by the O.P that the O.p received order from the complainant for the product namely seven designer double bed sheets with 14 pillow covers vide order No.13447095 and after receiving the order the O.p forwarded the order to the concerned vendor and the amount of Rs.3398/- including freight charges of Rs.399/- was received by the concerned vendor after making the delivery of the product. The advertisements of the products are published or telecasted by the O.p and all the information such as price, features, specifications, warranty, guarantee, office price etc. are provided and decided by the concerned vendor itself and not by the O.p and all the information provided in every advertisement is based on true facts. The version of the complainant in respect of telephonic clarification and assurance for 100% cotton fabric is denied and required strict proof. The Service executive has attended the grievances of the complainant and gave prompt positive replies and guided for the compliance of the procedure to be followed in the matter and hence the allegation made in this complaint regarding mental agony and harassment are strongly denied and there is no deficiency in service . and prayed to dismiss the complaint.
FINDINGS
It is admitted fact that the complainant has ordered for bed sheet and pillow cover and paid Rs.3398/- to the O.p but the case of the complainant is that he has ordered for cotton bet sheet and the O.p in stead of cotton supplied polyester bed sheet to which the O.p replied that the O.p - Naaptol Company just advertisement the products and after receipt of order the O.p forwarded the order to the vendor for delivery and as such the O.p is not responsible for its features, specifications, warranty, guarantee etc. and the O.p strongly denied the assurance of 100% cotton fabric. But the complainant strongly objected to the plea of the O.p and files a petition stating there in that he has requested the advocate for the O.p to submit the audio CD which was recorded at the time of booking the aforesaid products but the advocate for the O.p denied to submit the CD before the Forum. We noticed the above point, if the O.p claims that they have not assure the complainant for 100% cotton bed sheets then for what they have received order and on the date of booking what discussion was made with complainant for taking order, the Opp.Party would have produced the evidence to substantiate their case. But in this case the Opp.Party failed to produce any evidence and in absence of any evidence from the Opp.Party, we are inclined to believe the mere version of the Opp.Party. Hence from the aforesaid discussion, we found unfair trade practice and deficiency in service on the part of the O.P for which the O.p is liable to refund the amount received from the complainant and also liable to compensate the complainant for the mental agony caused to him for the act of the O.p. Hence, it is ordered.
ORDER
The O.P is directed to refund the cost of bed sheet i.e Rs.3398/- and take back the bed sheet supplied by him and pay compensation of Rs.10,000/- for mental agony and litigation cost of Rs.500/- to the complainant within thirty days of receipt of this order ,failing which interest @ 12% per annum will carry on the above awarded amount till its realization and the complainant is at liberty to execute the order as provided U/s 25 and 27 of the C.P.Act .
Pronounced in open forum today on this 2nd day of July, 2015 under the seal and signature of this forum.
Supply the copy of order to the parities free of cost.
Member President
Documents relied upon:
By the complainant:
- Copy of Booking slip and Invoice Challan
By the O.P: Documents downloaded from Net
President
