Orissa

Cuttak

CC/150/2023

Dr Sunil Kumar Rath - Complainant(s)

Versus

Nykaa E Retails Pvt Ltd - Opp.Party(s)

Self

31 Oct 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.150/2023

 

Dr. Sunil Kumar Rath,

S/o: Simanchal Rath,

Plot No.3C/876,Sector-10,CDA,

Cuttack-753014.                                                           ... Complainant.

 

          Vrs.

 

1.       NYKAA E-Retails Pvt. Ltd.,

A2,Standard Mill Compound,

Appasaheb Marathe Marg,

                   Prabhadevi,Mumbai,Maharastra-400025

     

2.       NYKAA E-Retails Pvt. Ltd.,

104,Vasan Udyog Bhavan,Sunmill Compound,

Tulsi Pipe road,(W) Mumbai-400013.                       … Opp. Parties.

 

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    06.05.2023

Date of Order:  31.10.2023

 

For the complainant:           Self.

For the O.Ps No.1 & 2:           None.

.

Sri Debasish Nayak,President.                  

Case of the complainant as made out from the complaint petition in short is that on 16.4.2023 the complainant had purchased from the O.Ps a product bearing Order No.NYK-149402335-2755109-1 which was damaged and he had paid cash of Rs.510/- towards the consideration of the said product.  Inspite of several efforts from the side of complainant for getting refund of his money, the O.Ps had remained silent without resolving the issue for which the complainant had sent legal notice to them on 24.4.2023 and ultimately when no result yielded, the complainant has come up with this case demanding refund of Rs.510/- from the O.Ps together with a sum of Rs.50,000/- from them towards compensation for his mental agony and harassment.  He has further prayed for the cost of his litigation and for any other order as deemed fit and proper.

          Together with this complaint petition, the complainant has filed copies of several documents in order to prove his case.

2.       Having not preferred to contest this case, the O.Ps have been set exparte vide order dated 17.6.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Points No.i & ii.

Out of the three points, point no.i & ii being the most pertinent points are taken up first together for consideration here in this case.

After going through the contents of the complaint petition, the written notes of submission as filed by the complainant and also after perusal of the copies of documents as filed by the complainant in this case, it is noticed that the complainant had purchased some Glow & Lovely Advance Multi Vitamin creams from the O.Ps on 16.4.2023 and had paid a sum of Rs.510/- for the same.  According to the complainant, the said products were all damaged products for which he had raised complain to which the O.Ps were silent.  The complainant has not substantiated in any manner as to how the purchased products were damaged ones as he claims so.  There is no opinion from any corner to that effect in order to apprise this Commission that the said purchased products by the complainant from the O.Ps were damaged ones and nothing else.  Moreso, to utter surprise, the complainant has claimed refund of Rs.510/- from the O.Ps that which he had paid for the “dress”.   It is not understood as to when the complainant had purchased some Glow and Lovely Advance Multi Vitamin Creams from the O.Ps, wherefrom his claim for “dress” arose here in this case.  Thus, this Commission cannot conclude that by not responding to the complain of the complainant of this case, the O.Ps were deficient in their service and also it cannot be said here that the case of the complainant is maintainable.

  Point No.iii.

From the discussions as made above, the complainant is not entitled to any of the reliefs as claimed by him.  Hence it is so ordered;

 

 

                                  ORDER

Case is dismissed exparte against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 31^st  day of October,2023 under the seal and signature of this Commission.      

                                                                               Sri Debasish Nayak

                                                                                   President

                     

                                                                                                              

                                                                               Sri Sibananda Mohanty

                                                                                  Member