DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC-   49   of   2017

 

Soumya Choudhury,

S/O- Sri Shyamal Choudhury,

Near Bidyut Bhavan,

North Banamalipur,

Agartala, Tripura West. …..….…...Complainant.

 

              VERSUS

 

      1. Shopclues.com,

(its is a venture  of)

Clues Network Pvt. Ltd.,

Building No.112, Sector-44, 

Gurgaon, 122001, 

Haryana, India. 

 

      2. Fedex Express Transportation 

and Supply Chain Services(India), Pvt. Ltd.,

Boomerang, Unit No.801, Wings AXBI, 8th floor, 

Chandivali Farm Road, Andheri (E), 

Mumbai- 400072. ..........Opposite parties.

   

      __________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

For the Complainant : In person.

 

For the O.P. No.2 : Smt. Shilpi Choudhury,

 Advocate.

 

JUDGMENT  DELIVERED  ON:  10.08.2017.

 

J U D G M E N T  

This case arises on the petition filed by one Soumya Choudhury U/S 12 of the Consumer Protection Act. 

Petitioner's case in short is that he booked one Mamy Poko Extra Absorbent Pant Style Diaper Medium-56 while doing the online shopping from the Shopclues.com. Order was given on 22.02.17. Value was Rs.489/- and the amount was paid by him from his bank account. Shop Clues confirmed the order and promised to deliver on 8th March, 2017. On 6th March it was informed by SMS that order will be delayed from the expected date. Again on 11th March it is informed that there will be 3-4 days delay in delivery. But the product was not delivered. Petitioner sent 2 mail and on 24th March Shopclues informed the delivery on priority basis and on the same date by another mail it was informed that the product was delivered. But actually it was not delivered. This false delivery report was given by Shopclues. Petitioner communicated by mail and by tracking number it was found that product was  returned from Kolkata to Gurgaon. Being harassed such deficiency of service petitioner filed this case for compensation amounting to Rs.5,000/- and also litigation cost.

2. Firstly Shopclues did not appear. In the latter stage O.P. Shopclues appeared through lawyer but did not file any written objection. Shopclues given no evidence.

3. Petitioner produced the Email communication with the Shopclues, tracking report, and also

Soumya Choudhury has given evidence.

4. From the Email report is found that payment was successful on February, 22. The value of the product was Rs.649/- and after discount total was Rs.489/-. The Email also confirmed this payment on prepaid mode. The bank account also support that Rs.489/- was taken from the account of the petitioner. Another Email support that order shipped on February 25. The case status shows that the product was sent on 15th March. That mail also produced. The mail given by petitioner on 23rd March also produced. By another mail dated 24th March 2017 the Shopclues informed the petitioner that the product will be delivered on priority basis. On the same date by another mail Shopclues informed about the delivery by written ''Order Delivered''. On April 4th it was informed that they will arrange the proof for delivery within 7 days by coordinating with the courier partner. Finally the product was not delivered. 

5. From the Tracking report is found that the courier partner returned the product from Kolkata to Gurgaon. This is gross negligence by the courier service appointed by the Shopclues. On 12th April it was informed that the order have been successfully delivered. Actually the product was returned from Kolkata & it was not delivered to the petitioner. But the shopclues again and again confirmed that it was delivered. The mail sent by the petitioner was ignored.

6. Petitioner in his evidence stated that payment was made by debit card. Again and again Shopclues informed about the late delivery. But there was inordinate delay.  And after more than one month Shopclues confirmed the delivery without delivery of the product. This is deficiency of service by the Shopclues. It may so happen that the courier partner of the Shopclues was negligent and did not take care of the delivery. It returned the product from Kolkata. Fedex Express Transportation, the courier partner did the mischief. Due to their negligence the product was not delivered. But the petitioner did not come into contact with the courier partner, Fedex Express Transportation. There was no payment by the petitioner. But payment for carrying was made to shopclues. So responsibility goes to Shopclues only. Shopclues may take step for realising amount from the Fedex Express Transportation for their gross negligence. Considering all the facts we are of the opinion that the Shopclues who are doing business at Agartala through internet caused harassment to the petitioner. There was inordinate delay in getting the product. Petitioner ultimately did not get it. But the Shopclues has given wrong information about delivery of the product and insisted about the delivery of the goods. They did not detect the wrong service of the courier partner, did not take step against them and insisted about the delivery which is totally false. Petitioner therefore is entitled to get compensation for the deficiency of service of the Shopclues. We therefore direct O.P. No.1 Shopclues to pay Rs.5,000/-(Rupees Five Thousand) to the petitioner as compensation and cost of litigation. Payment is to be made within 2 months if not paid it will carry interest @ 9% P.A. 

Announced.

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.