DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. /258/2023
Date of Filing Date of Admission Date of Disposal
15.07.2023 07.09.2023 20.06.2024
Complainant/s:- | Manidipa Pandey, 32/5, N K Chatterjee Street, Belgharia, North 24 Parganas, Kolkata – 700056. =Vs.= |
Opposite Party/s:- | - Shoppers Stop Limited, Umang Tower, 5th Floor, Mindspace, Off. Link Road, Malad (West), Mumbai, Maharashtra – 400064.
- Axis Bank Limited, Axis House, C-2, Wadia International Centre, Pandurang Budhkar Marg, Worli, Mumbai – 400025.
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P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
Complainant above named fled this complaint against the aforesaid opposite parties praying for direction to refund full amount with interest, compensation and cost of the case.
She alleged that she had purchased one American Tourister, Unisex Airconic SP 53/20TSA V3 (Trolley Bagh, with the cost of Rs. 5075/-. On 16.11.2021 she purchased the same from the OP. No1. Thereafter she registered a return requests which was approved by OP. Not and she received the confirmation of refund initiation on 01.12.2021. She contacted with OP. No 1 in the month of December, 2020 as she did not get refund amount. Then OP No.1 directed her to contact with O.P. No.2 and claimed that refund had been successfully processed.
Thereafter she contacted with 0.P.No.2 who gave reply on 25.01.2022 stating that ‘we wish to inform you that as per NPCI (National Payments Corporation of India) said transaction is successful and Beneficiary Bank have confirmed that funds credited to beneficiary account. Further, we request you to kindly check with beneficiary bank statement for the same. If still amount does not reflects kindly write back to us with the beneficiary bank statement so that we may assist you accordingly.'
She further stated she shared her bank statement with O.P. No.2 and he asked her to wait for a few days. Thereafter she registered a complaint on the National Consumer Helpline thereafter O.P. No.1 contacted her and assured her of a prompt refund.
She once again contacted with O.P. No.2 but they rejected her claim. Hence the complainant filed this case.
On perusal of record we find that the case is running ex-parte against the O.P. Nos. 1 and 2.
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C.C. /258/2023
Trial
Complainant filed affidavit-in-chief. Father of the complainant namely Golok Chandra Pandey being authorized by the complainant through power of attorney filed affidavit-in-chief before this commission.
Document
Complainant filed the following document at the time of filing of this complaint.
1. Copy of order details........ Net copy.
2. Copy of order of tracking...... Net copy.
3. Copy of E-mail dated 28.12.2021.
4. Copy of exchange requests dated 01.02.2022.
5. Copy of E-mail dated 22.02.2022
6. Copy of E-mail dated 17.02.2022
7. Copy of E-mail dated 01.02.2022
8. Copy of E-mail dated 12.02.2022
9. Copy of E-mail dated 25.01 2022
10. Copy of E-mail dated 24.06.2022
11. Copy of E-mail dated 29.06.2022
12. Copy of bank statement relating to transaction dated 16.11.2021
13. Copy of statement of bank account for the period from 16.11.2021 to 29.06.2022
14. Copy of E-mail
15. Copy of date wise correspondence detail.
BNA
Complainant filed BNA.
Q.P. No.1 filed BNA.
OP. No. 2 also filed BNA.
Decisions with Reasons:-
We have carefully gone through the petition of complaint by the complainant. The case is running ex-parte against the O.P. Nos. 1 and 2. Complainant filed affidavit-in-chief through her power of attorney namely Golok Chandra Pandey i.e. her father. Opportunity was given to the O.P. Nos. 1 and 2 to participate in the argument as per order of Hon'ble Supreme Court reported in 2023 life law (SC) 763 (ARN Infrastructure India Limited -Vs- Haroprasad Ghosh. O.P. No.1 also filed BNA and O.P. No.2 also filed BNA on the date of argument and in view of the aforesaid decision those two BNA have accepted. We have carefully gone through the BNA of O.P. No.1. We have also carefully gone through the BNA of OP. No.2
On carefully perusal of aforesaid documents we find that it is admitted position that the complainant had purchased one Trolly Bag (American Tourister Unisex Airconic, Trolly Bag 16.11.2021 for an amount of Rs. 5,075/-. We also find from the documents on record that complainant gave refund option. O.P. No.1 in his BNA stated that as per requests of the complainant refund had been initiated at the end of O.P. No.1. Furthermore the disputed amount of Rs. 5,075/ was credited to the account of the complainant en 16.11 2023. As soon as the OP. No.1 realized that due to some technical issue of
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C.C. /258/2023
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On 16.11.2021. So it is clear before us that complainant paid Rs. 5075.01 to the O.P No. 1 on 16.11.2021. On perusal of document dated 01.12.2021 (net copy) we find that refund process was started. So complainant is entitled to refund of Rs. 5,075/- in favour of the complainant immediately after the date of 01.12.2021. So it is clear before us that aforesaid act of O.P No. 1 is nothing but deficiency in service. Due to the such type of harassment on the part of O.P No. 1 complainant is entitled to adequate compensation. We also find that O.P No. 1 has already refunded Rs. 5,075/- to the complainant.
On perusal of record we find that complainant is a consumer and O.P No. 1 and 2 are the service provider.
Having regard to the aforesaid discussion it is clear before us that Complainant has able to established her grievance by sufficient documents beyond reasonable doubt and she is entitled to reliefs as per her prayer.
In the result, present case succeeds.
Hence,
It is,
Ordered,
that the present case be and the same that vide No. 258/2023 is allowed on contest against the O.P Nos. 1 and 2 with cost of Rs. 3,000/- to be paid by O.P Nos. 1 and 2 in favour of the complainant.
O.P Nos. 1 and 2 jointly or severally are directed to pay compensation amounting to Rs. 5,000/- in favour of the complainant within 45 days from this day failing which the complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
