IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 28th day of November, 2015
Filed on 26.02.2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.63/2015
between
Complainant:- Opposite Party:-
Sri. Vamanan Nampoothiri.K.V. Naptol, No.II, Conopus
Kulangara Illam (West) Kabra Galaxy Star – 1, CHS
Mancompu P.O. Brahmand, Azad Nagar
Kuttanad, Alappuzha – 688 502 Thane West – 400 607
(By Adv. V.N. Kiranlal)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
Complainant purchased 2 sarees for Rs.698/- and 8 bed sheets for Rs.2898/- from the opposite party through online purchase by the order No.10244655 and 10244657. After the purchase of the said products, complainant found that the products are of inferior quality and hence he made complaint for the refund of the product cost. But the opposite party send cash vouchers for the amount of Rs.698/- and for the amount of Rs.2898/-. Complainant was not satisfied with products of the opposite party hence he wants to refund from the opposite party. But the opposite party failed to give the amount, hence the complaint is filed.
2. The version of the opposite party is as follows:-
The opposite party is the Naptol Online Shopping Private Ltd. Company provides, marketing platform to various vendors, sellers for selling their products of various brands to customers spread all over India, which are available at most reasonable prices. M/s.Naptol works as marketing platform and service provider or link between the buyer and the seller. The concerned seller had despatched fresh and good mercantile quality products ordered by the complainant in a sealed packing parcel and delivered it at the address of the complainant through courier service. The complainant has not mentioned on which date he had opened the content of the parcel as the product was carrying 24 days and 7 days warranty against the manufacturing defect and there is no complaint is found in respect of any manufacturing defect from the complainant under the warranty period of the product. Keeping the interest of the complainant the custom service staff provided refund voucher of the complainant and requested him to send back the product or replacement process and also informed that courier charges will be reimbursed to him. There is no deficiency in service on the part of the opposite party.
3. The complainant was examined as PW1.The document produced marked as Ext. A1.No oral or documentary evidence adduced from the part of the opposite party.
4. The points came up for considerations are:-
- Whether there is any deficiency in service on the part of the opposite party?
- Whether the complainant is entitled to get relief and cost?
5. It is an admitted fact that complainant purchased 2 sarees for Rs.698/- including Rs.99/- towards shipping charge and 8 double bed sheets with 16 pillow covers for Rs.3398/- including freight charge of Rs.399/-. According to the complainant, the products supplied where of inferior quality and he returned 8 bed sheets and 2 sarees to the opposite party. It is also an admitted fact that the opposite party provided refund vouchers for Rs.2898/- and also for the amount of Rs.698/-. According to the opposite party, they are working only as a marketing channel and provides only marketing platform to various centers vendors for selling their products of various brands to the customers spread all over India and there is no deficiency in service on their part. In a decision reported in 2013 (2) CPR page 522 Hon’ble National Commission observed that, “Even on merits, respondent company is engaged in business of providing services through its internet portal to interested buyers and sellers by acting as a means of communication between them and bringing into existence contracts of sale and purchase of movable goods – It cannot be permitted to claim that it is providing purely gratuitous service to its customers, without any consideration. Hence the complainant is a consumer within the meaning of Section 2(1)d of the Consumer Protection Act. In the instant case it is an admitted fact that opposite party provided refund vouchers remedy of equivalent amount to the complainant and requested him to send back the products for replacing process. According to the complainant, he is not willing to accept refund voucher. He wants to refund the amount that he already paid to the opposite party, since he was not satisfied with the product quality. If the complainant is not satisfied with the quality of the products supplied by the opposite party how can they compel the complainant to purchase again their products by online purchase. Moreover opposite party is failed to produce their refund policies in order to prove that they made aware to the customers that if the customers are not satisfied with their products, they will not refund the amount, but only provide refund voucher. The failure on the part of the opposite party in refunding the amount to the complainant amounts to deficiency in service. Hence the complainant is entitled to get refund of Rs.698/- for the Order No.10244655 and Rs.2898/- for the Order No.10244657.
In the result, the complaint is allowed. The opposite party is directed to give Rs.3596/- (Rupees three thousand five hundred and ninety six only) [2898 + 698] to the complainant within one month from the date of receipt of this order failing which the complainant is entitled to realize 12% interest per annum for the said amount from the date of complaint till realization.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the 28th day of November, 2015. Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - Vamanan Namboothiri (Witness)
Ext.A1 - Email
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
