Complainant is present through ld Advocate. Judgement is ready and pronounced in open Commission in 5 pages 3 separate sheet of paper. 

BY -  SRI. SAURAV CHANDRA, MEMBER

1. Brief facts of the Complainant’s case are that the Opposite Party is a renowned company from which the Complainant as a bona-fide customer placed an Online Order being no.644316502 on 18.09.2022 for Cloth i.e.“Women’s Reebok Workout Ready Vector Leggings” through the website of the company by Credit Card e-Payment of Rs.1,511.00 in full.

2. On the very next day i.e. on 19.09.2022 ane-Tracking Id: 3025427795 has been provided by the Op against the said consignment to the Complainant.

3. When the Complainant tracked the consignment of the ‘Ecomexpress Courier’ on 30.09.2023 by using the said Tracking Id, it is found that the consignment was cancelled on arrival of Haldia and the courier was re-routed and sent back to the Op’s warehouse under a completely difference Tracking Id: 3051152997 on the very same day i.e. on 30.09.2023 which ultimately arrived there on 05.10.2022 without delivering the Complainant.

4. The Complainant several times requested the Op by email (vide NCH Portal Complaint No.3917834 dated: 11.0.2022) to refund the paid amount of the ordered Cloth but, the Op neither refunded the amount of Rs.1,511.00 nor delivered the goods, except generating an e-Ticket No.CAS-590546-J6X4H7 on 20.12.2022 by it’s Customer Care Support Service. Therefore, the Complainant filed the instant case through Online Application Portal(vide Grievance No.3917834, dated: 10.11.2022)before this Commission.

5. The cause of action of this case arose on and from 30.09.2022.

The Complainant, therefore, prays for:-

1. To full Refund of the paid amount of Rs.1,511.00 by the Op with Interest @18% p.a.

2. To pay Compensation of Rs.20,000.00 for harassment, humiliation, mental stress, strain and anxiety by the Op.

3. To pay Litigation Cost of Rs.10,000.00 to the Complainant for conducting the case.

4. Any other reliefs.

6. Notice was duly served upon the Op but, the Op has preferred to see that the case be decided ex-parte against it.

7. Under the above circumstances, the Complainant has prayed for ex-parte order against the Op.

8. Points for determination are:

1. Is the case maintainable in its present form and in law? 
2. Is the Complainant entitled to the relief(s) as sought for?

9. Decision with reasons

1. Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.

2. We have carefully perused the material on record including Evidence-in-Chief on Affidavit, Order Summary, Online Customer Care Grievance e-Ticket, Complaint Letter for Non-Receipt of Refund, Credit Card Payment Statement, Consignment Tracking Reports with other relevant papers and documents filed by Complainant.

3. Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that Complainant is a consumer having grievances against the Op, as such prima facie it was observed in the admission stage, the case is maintainable in its present form and in law.

4. The complaint was raised not only for Negligence, Unfair Trade Practice and Gross Deficiency in Service but, also for mental agony and harassment. The Complainant has proved his case by unchallenged testimony. The averments of the complaint on Affidavit have been supported by the documents filed by the Complainant.

5. Now, coming to the matter of reliefs, the Op can’t get absolved from the mischief of negligence, unfair trade practice, harassment and deficiency in service. The Op being a Seller of products has the responsibility to deliver the ordered goods to the consumer on time. The Op not only failed to deliver the goods on time to the customer i.e. the Complainant but also denied to refund the paid amount in-spite of several communications by the Complainant. So, we think it would just and proper if we direct the Op to Refund the purchase value of Cloth amounting to Rs.1,511.00 alongwith Interest @8% per annum on the said amount from the date of payment, till realization. In addition to that, the Complainant is entitled to get Rs.1,500.00 towards Compensation and Rs.500.00 as Litigation Cost.

6. Accordingly, both the points are decided against the Op.

7.  Thus, the complaint case succeeds.

Hence, it is

        O R D E R E D

That the CC-184 of 2022 be and the same is same is allowed ex-pate against Op.

The Op is hereby directed to refund the purchase value of Cloth amounting to Rs.1,511.00 along with Simple Interest @8% per annum on the said amount from the date of payment, till realization. In addition to that, the Op is further directed to pay Rs.1,500.00 towards Compensation and Rs.500.00 as Litigation Cost to the Complainant.

The Op will comply the above directions within 30 days from the date of this order.

The Complainant would be at liberty to put the order into execution u/s 71 of the Consumer Protection Act, 2019 and to initiate a proceeding u/s 72 of the Consumer Protection Act, 2019.

Let a copy of this judgment be provided to Complainant at free of cost. The judgment be uploaded forthwith on the website of   the Commission for the perusal of the parties.

File be consigned to record section along with a copy of this judgment.