DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 121/2016

Shubham Arora

943/7, Arjun Nagar,

New Delhi-110003                                                       ….Complainant

Versus

1.      Qnet India.  

2.      Vihaan Direct Selling (India) Pvt. Ltd.

          Unit No.2201 A, 22^nd Floor, WTC Bangalore,

          Brigade Gateway, Rajajinagar Extension,

          Malleswara, Bangalore-560055

3.      Premdas Ramunni Kurup

          303/C-51/Sector 10, Shanti Nagar,

          Mira Road (E), Thane 401107,

Maharashtra, India

4.      Ravindernath Wahal Surendernath

          Aman, Old No.46 New No.4 Ulsoor Road,

          Bangalore 560042,

          Karnataka, India

5.      Suryanarayana Kantha Vijaysarathy

          No.2609A, 8^th Main Road,

Banashankari 2^nd stage,

Bangalore, 560070,

Karnataka, India.                                                ….Opposite Parties

                                                  Date of Institution      :         26.04.16         Date of Order              :         27.08.19

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

1. Succinctly put, the complainant Shubham Arora purchased certain products from the online web portal Qnetindia.com., Vihaan  Direct Selling (India) Pvt. Ltd. is the Indian office (OP-2) of Qnetindia (OP-1). Amongst other products the complainant purchased a watch by the name and style of Alpine Chronograph Watch for an amount of Rs.45,815/- on 08.05.15 vide order No. DN37940380. Cost of the product was paid on the same date and the OP confirmed the said purchase vide their email dated 08.05.15 which is exhibited as Ex. CW-1/1.
   1. It is alleged that despite paying the full amount OP did not deliver the Alpine Chronograph Watch. Thereafter complainant wrote various emails to OP regarding non-delivery of the product. The OP in its email dated 22.06.15 stated that the complaint of the complainant had been noted and forwarded to the logistic team of OP for reshipping to the address confirmed by the complainant. It was also stated that once the product is reshipped the airway bill number to track the shipment would be provided to the complainant. Similar computer generated/standard emails by OP were sent to the complainant vide  emails dated 22.07.15, 13.08.15 and 18.08.15.
   2. It is next averred that for the first time in four months the OPs showcased positive intent and vide their email dated 25.08.15 informed the complainant that the complaint and the requests of the complainant was processed and completed.  The complainant was provided within Overnite AWB number dispatched on 24.08.15 on the alternative address provided by the complainant. OP had confirmed that the product of the complainant would be delivered to the alternate address of the complainant provided by him. The email dated 25.08.15 is exhibited as Ex. CW-1/6.
   3. Despite being provided with the AWB number the product was not delivered to the complainant. The complainant was once again constrained to contact the OP and complained regarding non-delivery of the product.
   4. It is next stated that OP on 04.09.15 vide various mails first concealed the above stated complaint then the complaint of the complainant was unilaterally given a new case number on the same day and lastly on the same day the complainant was informed that the product had not been delivered to the complainant but had reached the Delhi hub. The said emails dated 04.09.15 of OP are exhibited as Ex.CW-1/7, Ex. CW-1/8, Ex. CW-1/9 and Ex. CW-1/10.
   5. Alleging deficiency of service and unfair trade practice on the part of OP the complainant approached this Forum with the prayer to refund the sum of Rs.45,815/-  on account of payment made for purchasing the watch. Additionally, it is prayed that compensation of Rs.2 lakhs be paid towards mental agony and harassment and Rs.20,000/- towards the cost of litigation.

2. OP No.1 was dropped from the array of parties on 24.05.16. Thereafter OP No.3, OP No.4 and OP No.5 were dropped on 08.11.16. OP No.2 was duly served but none appeared on its behalf to contest the case, hence, it was proceeded against exparte vide order dated 08.11.16.
3. Exparte evidence of the complainant is on record.
4. Submissions made on behalf of the complainant by the Ld. Counsel are heard.
5. Averments made in the complaint and evidence led by the complainants have remained uncontroverted and unchallenged. Hence there is no reason to disbelieve the version of the complainant.
6. On perusal of the record placed before us it is observed that the complainant purchased few products online on 08.05.15 by making the payment on the same day. The purchase confirmation by Qnet E-store alongwith the payment of Rs.45,815/- is exhibited as Ex.CW1/1.  Despite making the payment the complainant did not receive Alpine Chronograph Watch. Pursuant to non-delivery of the product the complainant wrote various mails to OP to deliver the same. Going through the trail mail it is observed that OP kept giving a standard reply to the mails forwarded by the complainant. It is in the mail dated 25.08.15 exhibited as Ex. CW1/6 that OP has confirmed that once the product has been reshipped they would provide Airway bill number to track the shipment. The relevant portion of the last mail received by the complainant from OP exhibited as Ex. CW1/10, dated 04.09.15 is reproduced here for the ready reference:

We have Reshipped Your Products through Overnite AWB No: 7096220670 On: 08/24/2015

As per Overnite tracking system as on Thursday, September 3, 2015 we see that the shipment is at DELHI-HUB.”

7. It is clear from the mail above that India support centre RRS of Qnet India had reshipped the product of the complainant on 24.08.15 and as per the Overnite tracking system the shipment had reached the Delhi Hub on 03.09.15. The complainant has exhibited another mail dated 08.11.15 written by him stating that he was still waiting for his watch to be delivered. Hence this Forum is of the opinion that the complainant having paid the consideration amount and not receiving the product amounts to deficiency in service and unfair trade practice on the part of OP-2. Therefore, OP-2 is directed to refund an amount of Rs.45,815/- to the complainant @ 6% per annum from the date of transaction confirmation i.e. 08.05.15 till realization. Additionally, OP No.2 is directed to pay Rs.10,000/- towards compensation and cost of litigation to the complainant within a period of two months from the date of receipt of the copy of this order. Failing which the OP-2 shall become liable to pay interest @ 9% p.a. on Rs.45,815/- from the date of transaction confirmation till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 27.08.19.