Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 53.
Instituted on : 05.12.2018.
Decided on . 09.12.2019.
Smt. Ekta age 37 years, d/o Sh. Ashok Kumar R/o H.No.A-92, Preet Vihar, Rohtak.
………..Complainant.
Vs.
One97 Communications Ltd., 1st floor, Devika Tower, Nehru Place, New Delhi-110019, Through its Registered Office, Manager.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Sh. Digvijay Jakhar, Advocate for the complainant.
Sh.Parveen Sehgal Advocate for the opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present complaint has been filed by the complainant with the averments that on 24.01.2018, she had placed an order vide order no.4502834506 and had paid Rs.14999/- for purchasing a Fitbit Charge 2 Wireless Activity Tracker & Sleep Wristband black-small from the opposite party’s online portal paytm mall. Opposite party assured the complainant to deliver the alleged articles upto 31.01.2018 with one year warranty. Complainant had booked the alleged item for giving the gift to her mother on her retirement party but she was surprised, when she did not receive the alleged article on time. Thereafter, she contacted the opposite parties on various toll free numbers but no satisfactory reply was received. She also contacted the bluedart courier company and it was told that no order was received till date. Complainant requested the opposite party to refund the amount or to deliver the article on time but to no effect. Due to the act of opposite party, complainant was deprived of from availing the offers available on the online portals i.e. Amazon and Flipkart and had suffered loss. Complainant also served a legal notice dated 03.02.2018 to the opposite party but to no effect. Hence this complaint and it is prayed that opposite party may kindly be directed to refund the amount of articles deposited by the complainant alongwith interest @ 12% p.a., to pay Rs.6000/- on account of loss of offers & discount and also to pay Rs.70000/- on account of deficiency in service and litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite party, who appeared and filed its written reply submitting therein that the present complaint is bad for misjoinder and non-joinder of necessary parties. The disputed order was to be processed by M/s Kumra Enterprises, Chandigarh. But the complainant has failed to implead the merchant as an opposite party to this complaint and has filed this complaint solely against paytm to cause wrongful losses to the answering opposite party. It was the Merchant who, after the successful placement of the order by the complainant, was contractually obligated to self-ship the product to the complainant. The estimated date of delivery of the product, as informed by the merchant was 31st January, 2018. Paytm E-commerce(P) Ltd. as a matter of bonafide business practices sent multiple emails to the merchant seeking the confirmation of the successful deliver of the product to the complainant. However, on failure of successful delivery of the product as informed by the merchant, answering opposite party as per business practices and in terms of the physical goods marketplace terms and conditions, without failure cancelled the order and refunded the amount to the complainant. This fact has also been concealed by the complainant. It is prayed that the complaint is liable to be dismissed.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C11 and has closed his evidence on dated 04.12.2018. On the other hand, ld. counsel for the opposite party has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R6 and closed his evidence on dated 20.02.2019.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that the complainant had deposited an amount of Rs. 14999/- on 24.01.2018 with the opposite party for purchasing a Fitbit Charge 2 Wireless Activity Tracker & Sleep Wristband black-small from online portal of opposite party. But the same was not delivered to the complainant on time. As per document Ex.R5, an amount of Rs.9999/- has already been refunded to the complainant on 06.02.2018 by the opposite party. Ld. counsel for the complainant has also made a statement today that he has received the paid amount from the opposite party and he wants to contest the case on the other points i.e. compensation etc. In this regard, it is observed that the complainant had booked the alleged articles for the purpose of giving the same as gift to her mother on her retirement party which was fixed for 31.01.2018 as is proved from the document Ex.C4. But due to fake commitments made by the opposite party and non delivery of items, she could not give the gift to her mother and also suffered mental tension and harassment and as such opposite party is liable to compensate the complainant.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to pay Rs.7000/-(Rupees seven thousand only) as compensation on account of deficiency in service and Rs.3000/- (Rupees three thousand only) as litigation expenses to the complainant within one month from the date of decision, failing which opposite party shall be liable to pay interest @ 9% p.a. on the alleged awarded amount from the date of decision till its realization to the complainant.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
09.12.2019.
…………………………………..
Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
