Date of filing: 07.06.2022
Date of order: 20.10.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc., B.L. MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER- II
THURSDAYTHE20THDAY OF OCTOBER2022
CONSUMER COMPLAINANT NO. 34/2022
Rajesh @ Rajkumar,
S/o. Panneerselvam,
No.198, Beeman Patti Village,
MelpattiRoad,GudiyathamTaluk,
Vellore District. ...Complainant
-Vs-
Ranjithkumar,
Rownack Garments,
Station Road,Pakthiyaarpure (Patna),
Patna District,
State Bihar-803 212. ...Opposite party
Counsel for complainant : Thiru.K. Karthikeyan
Counsel for opposite party : Set exparte on 08.07.2022
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
This complaint has been filed Under Section 35 of Consumer Protection Act 2019. The complainant has prayed this Hon’ble Commission to direct the opposite party to refund of Rs.25,000/- and to pay a sum of Rs.2,00,000/- as compensation for deficiency in service and mental agony and also to pay cost.
1.The case of the complaint is briefly as follows:
The complainant on seeing the advertisement in the YouTube Channel of the opposite party of purchasing the following items for Rs.25,000/-.
The details of the items purchased are as below:
T. Shirt 40x50 pic Rs.2000/
Shirt 35x50 pic Rs.1750/
Jacket 150x20 pic Rs.3000/
Mix Kits 10x50 pic Rs.500/
Royal 30x30 pic Rs.900/
KushiSalai 45x30 pic Rs.1350/
Lash Salai 75x10 pic Rs.750/
Shirts 99 x 10 pic Rs.990/
PoonamSalai 25 x 30 pic Rs.750/
Cotton Shirt 45 x 30 pic Rs.1350/
Ladies top 25x30 pic Rs.750/
Fancy top kurthy 30 x20 pic Rs.600/
UllanSweater 65x20 pic Rs.1300/
Mix print 25 x 20 pic Rs.500/
___________
Rs.16,490/-
5% G.S.T Rs. 824/
Package Charges Rs. 700/
______________
Total Amount Rs.18,014
______________
The allegation of the complainant is that after receipt of the sale consideration the opposite party has send a parcel through VRL parcel service on 04.12.2021. When he opened the parcel he was shocked because the dress send by the opposite party are second handand of substandard quality for which the complainant also submitted the video recording. On seeing the aforesaid substandard goods the complainant issued legal notice on 04.03.2022 to recall the aforesaid goods and refund the Rs.25,000/- to the complainant but there was no response from the opposite party. Hence, the opposite party has filed the present complaint for refund of the aforesaid Rs.25,000/- with interest and for compensation.
2. On receipt of this notice from this Hon’ble Commission. Opposite party did not appear, several opportunities were given. Hence the opposite party called absent set exparte.
3. Proof affidavit of complainant filed, Ex.A1 to Ex.A6 were marked.Written argument of complainant side not filed. Oral argument of complainant heard.
4.The points that of arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
party?
2. Whether the complainant is entitled for relief as claimed in the complaint?
3. To what relief complainant is entitled to?
5. Point Nos.1 & 2:
The complainant on seeing the advertisement of the opposite party in the Youtube Channel, he purchased the following items list for Rs.25,000/- for which the complainant marked the invoices as Ex.A2 and Ex.A3. The allegation of the complainant is that after receipt of the sale consideration the opposite party has sent the parcel through VRL parcel service on 04.12.2021. When he opened the parcel, he was shockedbecause the dress send by the opposite party are second hand and substandard one for which the complainant also submitted the video recording. On seeing the aforesaid substandard goods the complainant issued legal notice on 04.03.2022 to recall the aforesaid goods and refund of Rs.25,000/- to the complainant. But there was no response from the opposite party. Hence, the opposite party has filed the present complaint for refund of the aforesaid Rs.25,000/-with interest and for compensation. On receipt of this complaint, this commission issued the notice to the opposite party. Despite of receipt of this notice from this Hon’ble commission, the opposite party did not appear before this Hon’ble Commission and lead any contra evidence to disprove the complainant allegation. Therefore we have no other option except to accept the contention of the complainant. Accordingly this complaint is allowed. Hence, these Point Nos.1 and 2 are decided in favour of the complainant.
6. POINT NO.3: As we have decided in Point Nos.1 and 2 that there is a deficiency in service on the part of the opposite party. The opposite party is hereby directed to refund of Rs.25,000/- (Rupees Twenty Five Thousand only) the cost of the dresses and to pay a sum of Rs.2,00,000/- (Rupees Two Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant. Hence, this Point No.3 is also answered accordingly.
7. In this result, this complaint is allowed. The opposite party is hereby directed to refund of Rs.25,000/- (Rupees Twenty Five Thousand only ) the cost of the dresses and to pay a sum of Rs.2,00,000/- (Rupees Two Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of receipt of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 20th October 2022.
Sd/- Sd/- Sd/-
MEMBER-I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1-29.11.2021– Copy of payment transaction receipt
Ex.A2.03.12.2021 – Copy of Khushbu Garments receipt
Ex.A3-19.12.2021 - Copy of Rounak Garments receipt
Ex.A4-04.03.2022 - Office Copy of legal notice
Ex.A5-17.03.2022 - Track Consignment receipt
Ex.A6 - C.D
LIST OF OPPOSITE PARTY SIDE DOCUMENTS: -NIL-
Sd/- Sd/- Sd/-
MEMBER-I MEMBER – II PRESIDENT
