BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.351 of 2023
Date of Instt. 30.08.2023
Date of Decision: 28.10.2024
Vijay Kumar S/o Lt. Amar Nath R/o Ward No.1, Village Anu Khurd Post Office Hamirpur, Himachal Pradesh (Adhaar Card No. 975219984272)
Present Address: N. K. 168E, Charanjit Pura, Jalandhar, Punjab-144001.
..........Complainant
Versus
Reliance Retail Limited (AJIO) (06AABCR1718E1ZT)
Address: Reliance Retail Limited, RRL Ajio B2C IM Badli 2, RRL DC B No.1000, INDOSPACE Industrial and Log Park Badli, Jhajjar RD, Near DON BOSCO, Jhajjar
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Complainant in Person.
Sh. Puneet Sareen, Adv. Counsel for OP.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant son’s friend order Adidas Forum Low Top Casual Shoes for him, who is in Abroad for an amount of Rs.7849/-. The amount was paid in full through Google Pay. But unfortunately, it is found that there is only one shoe inside the package. Immediately, he called the logistics partner, who informed him to raise the complaint with AJIO customer Care. After that, he called customer care and raised his issue accordingly. The complainant clearly explained to them that box of the shoe is tampered with and taped from beneath. The complainant has shared with them all the photos and videos they require. So, this faulty service of AJIO also got caught in the Camera. The complainant has shared the videos with the customer care department for further correspondence but still no resolution from the team of AJIO for almost 2 months. After two months of continuous calling and mailing, the customer care department raised the return request and the product got picked up. To avoid any confusion, he even placed the delivery personnel and the customer care supervisor on conference call so that pickup can happen smoothly. Everything happen as per the directions provided by the customer care cell. Then after 10 days of pickup, they come up with a new excuse and informed him that product does not belong to them. The complainant enquired, then on what basis the pickup is done if the product does not belong to them. The complainant mailed them to provide him with the proof of product they received. But the OPs did not respond to his queries and keep saying one thing that product is nor AJIO it has been shipped back and they can do nothing of it and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay a compensation to the complainant for causing mental tension and harassment.
2. Notice of the complaint was given to the OP, who filed reply and contested the complaint by taking preliminary objections that the present complaint has been filed by the complainant viz Vijay Kumar for an alleged deficiency in service by the OP viz AJIO. It is further averred that the present complaint is based on vague, misconceived notions and baseless assumptions of the complainant. The complaint is also not maintainable as it miserably fails to bring on record any violation of the provisions of the applicable laws against the OP. It is further averred that complaint was resolved and closed on 25.05.2023 by declining the complainant’s claim post validating the CCTV footage shared by the store. On 26.05.2023, the Customer Care Team initiated a closed box return, but the same was cancelled on 27.05.2023 as the return was initiated by mistake instead of declining the claim of the complainant and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the complainant in person and learned counsel for the respective parties and have also gone through the case file very minutely.
6. Ram Soni purchased casual shoes for the complainant to give him surprise on the address of Jalandhar. The invoice has been proved as Ex.C-1. The payment was made through Google Pay of Rs.7849/- vide Ex.C-2. The complainant has alleged that the order was made on 13.05.2023 and the same was delivered to him on 16.05.2023 at the address of Jalandhar. Ex.C-1 shows that the address of recipient namely Vijay Kumar, the complainant, has been mentioned as Mai Hiran Gate Thakur General Store, Jalandhar. Though, the complainant is the resident of Himachal Pradesh, but the shoes were delivered to the complainant at Jalandhar. Therefore, the Jalandhar Commission has jurisdiction to entertain the present complaint.
7. The complainant has alleged that when the packet was opened, he found that there is only one shoe inside the package. The box of the shoe was tampered with and taped from beneath. The complaint was made to the customer care of AJIO. There was a correspondence between the OP i.e. AJIO and the complainant. The emails and reply to the emails have been proved by the complainant from Ex.C-3 to Ex.C-24. Perusal of emails and reply to the emails clearly show that the OP has acknowledged the receipt of complaint from the complainant and have promised to take each and every possible step to resolve the matter, but till the time of filing of the complaint, the grievance of the complainant was not resolved. The OP has alleged that the complaint was resolved and the same was closed on 25.05.2023, but perusal of the email dated 27.07.2023 shows that the OP has emailed to the complainant that the shipment has been returned back as per the customer’s refusal, therefore, no refund or reshipment is possible from there and for these cases. On July, 23 2023 the OP has mailed to the complainant that their team is working on the complaint of the complainant and will have update on or before 26.07.2023 and they are reviewing the matter. This shows that the complaint was not resolved and closed on 25.05.2023 as alleged in the written statement rather till 27.07.2023, they are corresponding with the complainant and ultimately they have closed the case. In the written statement the product was reshipped back to the customer on 14.06.2023. As per the email dated 29.06.2023, the OP has admitted that they will initiate the refund by 3rd June, 2023. They have also admitted vide email dated 29.05.2023 that the product received at their ware house, but the same is different from what they had shipped. If the product is different, then this is not the fault of the complainant. The complainant has sent them all the details alongwith photographs of the product mentioning therein that he has received wrong product and tempered box. Through all the emails, the OP has taken much time to resolve the matter and to take the update and ultimately they have refused to initiate the refund on the ground that they have not shipped this product. The OP has not produced on record any document or photograph or anything to show that which product was shipped by them, wrong and faulty product was received by the complainant that is why he had made complaints and returned the product. Wrong product was shipped by the OPs. The deficiency in service and unfair trade practice on the part of the OP has been proved. Hence, the complainant is entitled for the relief.
8. In view of the above detailed discussion, the complaint of the complainant is partly allowed and OP is directed to return the price of the shoes i.e. Rs.7849/- alongwith interest @ 6% per annum from the receipt of the product i.e. 13.05.2023 till its realization. Further, OPs is directed to pay a compensation including litigation expenses of Rs.10,000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
28.10.2024 Member Member President
