Haryana

Panchkula

CC/404/2021

PUNEET KULSHRESTRA. - Complainant(s)

Versus

NURSERY LIVE PUNE. - Opp.Party(s)

IN PERSON

26 Apr 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA

                                                       

Consumer Complaint No	:	404 of2021
Date of Institution	:	29.09.2021
Date of Decision	:	26.04.2022

 

 

Sh. Puneet Kulshrestha, S/o Sh.H.C.Kulshrestha, R/o Apartment 17, GH21, Sector-5, Mansa Devi Complex, Punchkula-134114

                                                                ….Complainant.

 

Versus

Nursery Live Pune, Office No.A-3030, 3^rd Floor, Marvel Fuego, Survey Number: 137, OPP Seasons Mall, Hadapsar Pune, Maharashtra-411028

….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

Before:              Sh.Satpal, President.

Dr.Pawan Kumar Saini, Member.

Dr.SushmaGarg, Member.

For the Parties:   Complainant in person.

                        OP already ex parte vide order dated 23.11.2021.

ORDER

(Dr. Pawan Kumar Saini, Member)

1.                The brief facts of the present complaint are that the complainant had placed an order for various plants via order #NVL1411153338 on 13.02.2021 with Nurserylive through their website http://nurserylive.com and received dead/almost dead plants towards this order. Following due process and after multiple follow-ups, Nurserylive issued a Giftcard worth Rs.600/- on Ist March which could be used only on their website for future orders. It is stated that he was highly dissatisfied with the quality of plants in the earlier placed order but with no option and to use gift card, the complainant placed another plants order with Order number NLV1411175202 worth Rs.1,054/- using earlier issued Gift card with Nurserylive on 26.03.2021. It is also stated that the complainant received final remaining part orders of Plant Order on 14.04.2021 and realized that plants were in very poor shape and two plants was already dead. The complainant clicked photographs and sent mail to OP on 14.04.2021 with all the details. He sent a follow-up email and reminders on 19.04.2021, 21.04.2021, 24.04.2021 & 10.06.2021 respectively but no response has been received from the OP. The complainant has also served a  legal notice dated  05.07.2021 upon the OP but  no reply received from the OP. Due to the acts and conduct of the OP, the complainant and his mother has suffered a great mental agony, harassment and financial loss. Hence, the present complaint.

2.             Notice was issued to the OP through registered post as well as e-mail on 13.10.2021 which was not received back either served or unserved despite the expiry of 30 days from the issuance of notice to OP; hence, it was deemed to be served and thus, due to non appearance of OP, he was proceeded ex-parte by this Commission vide its order dated 23.11.2021.

3.             The complainant has tendered his affidavit as Annexure C-A along with documents Annexure C-1 to C-10 in evidence and closed the evidence by making a separate statement.

4.             We have heard the complainant, considered the written arguments filed by the complainant and gone through the entire record available on the file, minutely and carefully.

5.             During arguments, the complainant reiterated the averments made in the complaint contending that the OP sent the two plants in a very bad condition on 14.04.2021 in response to order no.NLV1411175202 placed on the website, namely, https://nurserylive.com/ of the OP. It is contended that the OP was immediately apprised vide email(Annexure C-2) that one plant was already dead and the second was nearing to dead and that the packing of the plants was not proper preventing the proper air supply to the plants. The complainant further contended that he sent various emails to the OP followed by legal notice dated 05.07.2021(Annexure C-8)requesting the OP to redress his grievances by making the payment of due compensation to him but to not avail.

6.             Having perused the order no.NLV1411175202(Annexure C-1), emails Annexure C-2 to C-7 followed by the legal notice dated 05.07.2021 (Annexure C-8),the contentions and assertions of the complainant alleging lapses and deficiencies  on part of the OP are found duly  established.  Moreover, there is no rebuttal of the contentions and assertions of the complainant as the OP has preferred not to contest the present complaint by remaining absent from the proceedings of the present complaint and preferred to be proceeded ex-parte, for which adverse inference is liable to be drawn against him. The non-appearance of the OP despite notice shows that he has nothing to say in his defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted.

7.                In view of the fact that the OP neither responded to the notice nor has he opted to controvert the precise cognizable averments made by the complainant having a very relevant bearing upon the adjudication of the grievance, the only distilled view is that the complainant has been able to prove the genuineness of the grievance that the OP had committed deficiency in service, the manner whereof has been detailed in the complaint, as also the affidavit in support thereof. Thus, we hold that OP is liable for the deficiency and unfair trade practice; hence, the complainant is entitled to relief.

8.             As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP:-

1. To pay a sum of Rs.1,054/- to the complainant, along with interest @ 9% per annum w.e.f. the date of filing of the complaint till its realization. 
2. To pay a lump sum amount of Rs.2,500/- to complainant on account of mental agony, harassment and cost of litigations charges.

               

9.             The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

 

Announced on: 26.04.2022

 

        Dr.Sushma Garg         Dr. Pawan Kumar Saini         Satpal

                Member                  Member                                President

 

Note: Each and every page of this order has been duly signed by me.

 

                                        Dr. Pawan Kumar Saini

                                              Member