DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Thursday the 25^th day of April 2024

CC.78/2024

Complainant

Febina. K,

Thiruvath (HO),

                        Pavandoor.P.O,

Kakkur - 673613

Opposite Party

Reliance Foot Print,

Focus Mall, Kozhikode - 673004

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

On 20/01/2024 the complainant purchased a pair of chappal for Rs. 1,089/- from the shop of the opposite party. She made the payment through Google pay. But the opposite party did not hand over the purchased goods to her stating that the amount had not reached their bank account. Even though she had shown the screen shot of the payment made, they were not convinced and she was humiliated in the presence of the other customers by not giving the goods purchased. When she contacted her bank, she came to know that the amount had reached the account of the opposite party. Even though she informed the opposite party about this, they were adamant in their stand that the amount did not reach their bank account. Google pay had informed her that the amount had reached the account of the opposite party. But the opposite party was not ready to admit the said fact. The complainant was put to gross mental agony and hardship due to the irresponsible and negligent attitude and conduct of the opposite party. Hence the complaint claiming compensation of Rs. 5,00,000/-.

3. The opposite party was set ex-parte.
4. The points that arise for determination in this complaint are;                                                                                                                         1) Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?

                 2) Reliefs and costs.

5. The complainant was examined as PW1 and Exts A1 to A5 were marked.
6. Heard.  
7. Point No 1:  PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the bank account statement, Ext A2 is the screen shot of whatsapp chat, Ext A3 is the copy of e-mail communication, Ext A4 is the medical prescription and Ext A5 is the screen shot of Google pay. 
8. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. Exts A1, A2 and A5 would prove that the amount was credited to the account of the opposite party. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A5. Unfair trade practice and deficiency of service on the part of the opposite party stands proved.
9. The opposite party is bound to refund Rs. 1,089.40/- to the complainant. Undoubtedly, the complainant was put to gross mental agony, hardship and inconvenience due to the irresponsible attitude and conduct of the opposite party, for which, she is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 5,000/- will be reasonable compensation in this case.
10. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC. 78/2024 is allowed in part.

b) The opposite party is hereby directed to refund Rs. 1,089.40/-(Rupees one thousand and eighty nine and forty paise only) to the complainant.

c) The opposite party is directed to pay a sum of Rs. 5,000/-(Rupees five thousand only) as compensation to the complainant for the mental agony and hardship suffered.

c) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 1,089.40/- shall carry an interest of 9% per annum from date of this order till actual payment.

d) No order as to costs.

Pronounced in open Commission on this, the 25^th day of April, 2024.

Date of Filing: 12/02/2024

                                          Sd/-                                                            Sd/-                                                        Sd/-

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APPENDIX

Exhibits for the Complainant :

Ext.A1 – Bank account statement.

Ext.A2 – Screen shot of whatsapp chat.

Ext.A3 – Copy of e-mail communication.

Ext.A4 – Medical prescription. 

Ext.A5 – Screen shot of Google pay.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 - Febina. K, (Complainant)

                                                     Sd/-                                                             Sd/-                                                    Sd/-

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