Kerala

Idukki

CC/50/2022

Sujith Sabu - Complainant(s)

Versus

Newha Sajeev Eha designs - Opp.Party(s)

06 Jul 2022

ORDER

DATE OF FILING :08/03/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 6^th day of July 2022

Present :

SRI.C.SURESHKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

SRI.AMPADY K.S. MEMBER

CC NO.50/2022

Between

Complainant : Sujith Sabu,

Naduvelepparambil, Nettithozhu P.O.,

Mailadumpara, Pin 685 551.

And

Opposite Party : Nooha Sajeev,

Eha Designs, Anjaly Tower,

N.H.47, Thiruvampady, Alappuzha – 688 011.

 

O R D E R

SMT.ASAMOL P., MEMBER

Facts of the complaint are briefly stated hereunder:-

.
1 . Complainant had ordered one digital printed designer A-Line Churidhar top (product code 1990 baby pink medium size) from opposite party on 30/12/2021. As per the direction from opposite party, complainant transferred Rs.899/- as price of Churidar and Rs.100/- as delivery charge from his account in Kerala Bank, Anakkara Branch. But the product size delivered by opposite party was not proper as per the order of complainant. When it was reported by complainant through phone to opposite party, they said that the product return back to them. Accordingly, on 07/01/2022, complainant has returned the product through DTPC Courier Service, Nedumkandam by paying Rs.70/- as delivery charge. It was received by opposite party on 08/01/2022. After that, this opposite party has neither refunded the amount which was paid by complainant nor replaced the product to complainant. Hence, complainant has prayed the reliefs as follows:-

 

 

(Cont.....2)

 

-2-

(a) To get Churidar price Rs.899/- along with delivery charge Rs.100.

 

(b) Expenses incurred by complainant.

 

Though notice was sent from the Commission, opposite party refused to accept such notice. Hence it was returned. Refusal of notice, tantamount to deemed service. Opposite party has not appeared before the Commission at any time. Complainant was examined as PW1 and Ext.P1 to Ext.P6 were marked. We have heard the complainant. No written version is filed by opposite party. The points which arise for consideration are:-

 

(a) Whether complainant is entitled to get refund of the amount which was paid by him for Churidar top along with delivery charge.

 

(b) Whether complainant is entitled to get litigation cost incurred by him and compensation from opposite party.

 

The points are considered.

 

We have gone through the complaint and documents which were produced by complainant. Ext.P2 is print out of amount debited from complainant's account. As per Ext.P2, it is seen that amount of Rs.999/- has debited from this account number 120291200920061 of complainant on 30/12/2021 to opposite party. Ext.P1 is purchase bill. As per this bill, Churidar top purchased from opposite party on 30/12/2021 and as per Ext.P3, it is returned to opposite party on 07/01/2022 by DTDC Courier Service. As per Ext.P4 it was received by opposite party on 08/01/2022. Complainant has deposed that he is residing at Anakkara and he bought petrol worth Rs.1000/- for travelling by his bike to this commission for submitting this complaint. The cash bill issued from petrol bump is produced here. It was marked as Ext.P6. We are of the considered view that complainant is entitled to for refunding of amount which was paid for purchasing Churidar top from opposite party, as, it is proved that the amount was paid to opposite party for purchasing the product and after that it was returned to opposite party due to the reason of no correct size. Hence opposite party is liable either to refund the amount or to replace the product. It was not replaced. Hence the complaint is allowed as hereunder.

(Cont.....3)

-3-

Opposite party is directed to refund the price of Churidar top Rs.999/- to complainant and also directed to pay Rs.1000/- as compensation and Rs.1000/- as cost of litigation to complainant within 30 days from the date of copy of this receipt of this order, failing which the refund ordered and compensation amount shall carry 12% interest from the date of order till its realization.

 

Pronounced by this Commission on this the 6^th day of July 2022.

 

Sd/-

SMT.ASAMOL P., MEMBER

Sd/-

SRI.C.SURESHKUMAR, PRESIDENT

Sd/-

SRI.AMPADY K.S., MEMBER

 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 -Sujith Sabu

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Purchase bill.

Ext.P2 - Print out of amount debited from complainant's account.

Ext.P3 - Receipt of DTDC Courier Service.

Ext.P4 - Track Shipment Status

Ext.P5 - Photocopy of receipt of Churidar Price

Ext.P6 - Cash bill of Kunnumpurath Fuels.

On the side of the Opposite Party :

Nil

 

Forwarded by Order

 

 

ASSISTANT REGISTRAR