Orissa

Rayagada

CC/235/2016

Rama Krushna Sahu - Complainant(s)

Versus

Naptol.com Office - Opp.Party(s)

Self

30 Dec 2016

ORDER

DISTRICT   CONSUMER  DISPUTES  REDRESSAL FORUM, RAYAGADA,

C.C. Case No.235/ 2016

 

P R E S E N T .

Sri Pradeep Kumar Dash, LL.B                                     President

Sri Gadadhara Sahu, B.Sc.                                            Member 

            Rama Krushna Sahu,At: Goutam Nagar,1^st Lane,Po/Dist.Rayagada,765001.

               ………..Complainant

             Vrs

1. Naaptol.com Office Address: Number 11,Conopus,Kabara Galaxy Star-I CHS, Brahmand, Azad Nagar, Thane West-400607,Maharashtra.    
2. Customer Care, Number 11,Conopus,Kabara Galaxy Star-I CHS, Brahmand, Azad Nagar, Thane West-400607,Maharashtra.                                                                                                                                                          ……..….Opp.Parties

For the Complainant:   In Person

For the O.P:  Sri Manoj Verma & Associate Advocate.

                      JUDGMENT

                        The  facts of the case in brief is that  the complainant has ordered seven  pieces  of  Heena  Pakistani dresses materials  from OP1  on 07.06.2016  but the OP 1 sent seven Pakistani dresses instead of Heena Pakistani dresses. The complainant received the parcel on 11.06.16  through blue dart courier service , when the complainant opened  he found that  it was not as per his order and immediately the complainant contacted the Op 2  admitted the fact  and advised the complainant to send the parcel   through a courier boy who will attend the house of the complainant  very soon but no courier boy come to the house of the complainant to take back the parcel.  Hence prayed to direct the Ops to take back the parcel and  and refund the amount with compensation. 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  complainant has ordered  seven printed Pakistani dress material   vide order No.23528981 of Rs.2398/-   by way of cash on delivery and the product had seven days warranty against manufacturing defects.  It is the responsibility of the customer to place the product order correctly which they are wishing to place. The customer care team tarried to contact the complainant in order to explain the details retarding the exchange procedure but the complaint’s number was unreachable. Since Opposite party believes in customer satisfaction policy therefore Opposite party is still ready to provide a remedy in form of replacement/exchange. The Opposite Party respects their client and in present scenario  they tried all possible ways to help the complainant   and made all attempts to connect with the complainant but since the complainant was not contactable so the OP was completely helpless. There is neither negligence nor any failure of deficiency in service on the part of OP as they always had discharged their duties  lawfully, hence the claim of the complainant is  liable to be rejected with cost.

 FINDINGS

             It is admitted fact that the complainant has ordered for seven Heena Pakistani dress materials but the Op delivered seven Pakistani  dress  to which the OP did not deny and in his written version the Ops stated that it is probability of misunderstanding  and it is likely to happen as the product that is been named by the complainant and the product which was placed i.e. Heena 7 Pieces of Pakistani dress Material and Enchanting Pack of 7 Printed Pakistani Dress Material with Lace are quite similar in its pronunciation. It is also stated by the OP that since Opposite party believes in customer satisfaction policy therefore Opposite party is still ready to provide a remedy in form of replacement/exchange as  the Opposite Party respects their client and in present scenario  they tried all possible ways to help the complainant. However, as the Opposite Party  agree to exchange the product, we do not want to go in into the depth of the complaint and disposed of the matter with the following directions. 

                                                               ORDER

                        The O.P is directed to  exchange the dress material as per the order  of the complainant  and if the same is not available then  refund  the  price of the dress material within thirty days of receipt of this order and pay Rs.500/- towards compensation  ,failing which interest @ 12% per annum will carry on the above 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 26^th  day of December, 2016 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: 

1. Copy of  Gmail   and  letters addressed to the Ops

 

By the O.Ps : Nil                                                                                        

 

                                                                                                            President