Tamil Nadu

South Chennai

CC/328/2013

K.M.Dhakshina Moorthy - Complainant(s)

Versus

Reliance Vision Express P Ltd - Opp.Party(s)

Party in Person

20 Nov 2019

ORDER

                                                                             Date of filing      : 18.10.2013

                                                                               Date of Disposal : 20.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.328/2013

DATED THIS WEDNESDAY THE 20^TH DAY OF NOVEMBER 2019

                                 

K.M. Dhakshina Moorthy,

Nos.101 & 105, Baskar Colony,

Virugambakkam,

Chennai – 600 092.                                                        .. Complainant.

                                                                                         ..Versus..

 

 

1. The Manager,

Reliance Vision Express P Ltd.,

Old No.34, New No.85, Arcot Road,

Saligramam,

Chennai – 600 093.

 

2. The Managing Director,

Reliance Vision Express P Ltd.,

10^th Floor, Tulsiani Chambers,

No.212, Nariman Point,

Mumbai – 400 021.                                                 ..  Opposite parties.

 

For the complainant                              : Party in person

Counsel for the opposite parties 1 & 2 : Mr. K. Ravikumar

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.1,298/- being amount paid towards the purchase of prescription spectacles along with interest at the rate of 18% p.a. from 29.01.2013 and to pay a sum of Rs.50,000/- towards damages, punitive compensation for mental agony, hardship with cost of Rs.5,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he placed an order for a pair of prescription spectacles with the 2^nd opposite party and paid a sum of Rs.1,298/- on 29.01.2013 by way of cash vide Order No.0067420863.  A VAT receipt was issued by the opposite party.  The complainant submits that since the frames were not satisfied due to the unsuitability of the design, the order for prescription spectacles was cancelled by phone by 20:21 hours on the same day i.e. within 45 minutes of placing the order.  The complainant submits that the cancellation of the order was intimated through email on the same day on 20:45 hours and claiming full refund of the amount.  Since the opposite party has not returned the amount another mail dated:31.01.2013 also sent.  The complainant states that a registered notice dated:28.02.2013 was issued for the refund of the amount paid to the showroom at Saligramam along with claims for damages, interest, costs, fees, charges etc was sent to the opposite party.  The act of the opposite parties 1 & 2 amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite parties 1 & 2  is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.    The opposite parties 1 & 2 state that the complainant placed an order for prescription spectacles on 29.01.2013 at 19:34 hours vide order No.0067420863 and paid a sum of Rs.1,298/- by way of cash bill No.C1302.   Subsequently, the 1^st opposite party through phone cancelled the said order dated:29.01.2013.  The store staff of the opposite party asked the complainant to return the original receipt and bank account details for the refund of the said amount of Rs.1,298/-.   Since the refund of the opposite party made through electronic clearance only but the same was no denied by the complainant. The opposite parties took DD No.971543 dated:14.11.2013 for a sum of Rs.1,407/- (i.e. Rs.1,298/- + interest @ 10% for delay period Rs.109/- from the date of invoice) and sent the complainant with a covering letter dated:15.11.2013 and the same was acknowledged by the complainant and thereafter returned the DD claiming with imaginary compensation etc.  The opposite parties 1 & 2 state that the claim of compensation of Rs.50,000/- with interest at the rate of 18% is imaginary.  There is no deficiency in service on the part of the opposite parties and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A6 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and documents Ex.B1 & Ex.B2 are marked on the side of the opposite parties 1 & 2.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.1,298/- paid towards the spectacles as prayed for?
2. Whether the complainant is entitled to a sum of Rs.50,000/- towards compensation for mental agony, damages with cost of Rs.5,000/- as prayed for?

5.      On point:-

Heard both parties. Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he placed an order for a pair of prescription spectacles  with the 2^nd opposite party and paid a sum of Rs.1,298/- by way of cash for which the opposite party issued Ex.A1, receipt dated:29.01.2013. Further the contention of the complainant is that since the frames were not satisfied due to the unsuitability of the design, the order for prescription spectacles was cancelled by phone by 20:21 hours on the same day i.e. within 45 minutes of placing the order.  But the complainant has not produced any record to prove the non satisfaction of the design of the prescription spectacles.  Further the contention of the complainant is that the cancellation of the order was intimated through email on the same day on 20:45 hours and claiming full refund of the amount as per Ex.A2.  Since the opposite party has not returned the amount another mail dated:31.01.2013 also sent as per Ex.A3.  But the complainant has not taken any steps to return the original receipt till date.  

6.     Further the contention of the complainant is that a notice dated:28.02.2013 was issued for the refund of the said amount as per Ex.A4.  At that time also, the complainant has not inclined to return the original receipt.  Since the opposite party has not refunded the amount, the complainant was constrained to file this case.  But on a careful perusal of records, immediately after receipt of notice from this Forum, the opposite party sent a sum of Rs.1,407/- i.e.Rs,1,298/- + interest along with a covering letter as per Ex.A5 which was received by the complainant and thereafter returned the Demand Draft with a covering letter as per Ex.A6 dated:09.12.2013 stating that

“I am returning the demand draft No.971543 Dt.:14/11/2013 for Rs.1,407/- sent by you along with your letter dated:15/11/2013.  The DD is enclosed.  The DD amount does not cover all the claims made against you, before the Honorable District Consumer Disputes Redressal Forum (Chennai South)”.

Such contention is not acceptable because it is very clear that Rs.1,298/- paid towards prescription spectacles.  The opposite party sent a sum of Rs.1,407/- (i.e.) Rs.1,298/- + interest.  If at all any interest or expenditure incurred, the complainant shall claim that amount by way of proper receipt proves that there is no deficiency in service on the part of the opposite parties.

7.     The learned Counsel for the opposite parties 1 & 2 would contend that admittedly, the complainant placed an order for prescription spectacles on 29.01.2013 at 19:34 hours vide order No.0067420863 and paid a sum of Rs.1,298/- by way of cash bill No.C1302.   Subsequently, the 1^st opposite party through phone cancelled the said order dated:29.01.2013.  The store staff of the opposite party asked the complainant to return the original receipt and bank account details for the refund of the said amount of Rs.1,298/-.   Since, the refund of the opposite party made through electronic clearance only which was not denied by the complainant.   The complainant has not come forward to return the original receipt or produce the original receipt and furnish his bank account and issued notice and filed the case immediately.  After receipt of notice form this Forum on 07.11.2014 the opposite party took DD No.971543 dated:14.11.2013 for a sum of Rs.1,407/- (i.e. Rs.1,298/- + interest @ 10% for delay period Rs.109/- from the date of invoice) and sent to the complainant with a covering letter dated:15.11.2013 as per Ex.B1 & Ex.B2 which was duly acknowledged by the complainant and thereafter returned the DD claiming an imaginary compensation etc.  The reason for return of the DD has not been explained by the complainant. 

8.     Further the contention of the opposite parties 1 & 2 is that the claim of compensation of Rs.50,000/- with interest at the rate of 18% is imaginary and vexations.  There is no deficiency in service on the part of the opposite party since immediately after cancelling the order the complainant has not come forward to return / produce the receipt or the bank account which was duly informed through phone proves that there is no deficiency in service on the part of the opposite parties.  Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 20^th day of November 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	29.01.2013	Copy of cash memo – Retail Invoice from the opposite party to complainant
Ex.A2	29.01.2013	Copy of email of the complainant to opposite party
Ex.A3	31.01.2013	Copy of email of the complainant to opposite party
Ex.A4	28.02.2013	Copy of letter of the complainant to opposite party
Ex.A5	15.11.2013	Copy of letter of the opposite party to complainant
Ex.A6	09.12.2013	Copy of letter of the complainant to opposite party

 

 

OPPOSITE PARTIES 1 & 2 SIDE DOCUMENTS:-  

Ex.B1	15.11.2013	Copy of letter of the opposite party to the complainant
Ex.B2	14.11.2013	Copy of the Demand Draft No.971543

 

 

 

MEMBER                                                                                                                                                PRESIDENT