BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.92 of 2018
Date of Instt. 06.03.2018
Date of Decision: 14.11.2018
Rohit Chopra S/o Sh. Pawan Chopra age 32 years R/o H. No.NB 266 Lakshmi Pura, Jalandhar City, Punjab Pin 144001.
..........Complainant
Versus
1. Shoppers Stop Ltd. Through its Director/General Manager/Manager/Representative.
MBD NEOPOLIS MALL, BMC CHOWK BESIDE HOTEL RADDISON, Jalandhar 144001.
2. Shoppers Stop Ltd. Through its Director/General Manager/Manager/Representative.
Umang Tower, 5th Floor, Mindspace, Off. Link Road, Malad (West), Mumbai, Maharastra-400 064 Ph: (022) 6129 0400 Fax: (022) 2844 5060.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Harvimal Dogra (Member)
Present: Sh. Jatinder Sharma, Adv Counsel for the Complainant.
Defence of OP No.1 and 2 Struck Off.
Order
Harvimal Dogra (Member)
1. This complaint has been presented by the complainant, wherein alleged that the complainant ordered online on the mobile application of the shopper stop two products one is men's shoes and one round neck T-shirt for the bill amounting to Rs.1048/- on 03.03.2018 bearing order No.125123089 and applied a coupon of Rs.200/-, which was gifted at the shoppers stop store to the complainant and made the payment with the loyalty points and the order was confirmed by the OP and a confirmation mail was sent by the OP to the complainant. It is the policy of the shopper stop that shipping is free on order above Rs.500/- and this message keeps reflecting on the screen, but when the complainant placed the order mentioned in the above para, but the complainant was charged Rs.100/- as the delivery charges, which is not a valid one as the shipping is free on the order above Rs.500/-.
2. That regarding this complaint, an email was sent to the OP on the same day, but the OP refused to return back the money, which is wrongly charged for shipping. The complaint is facing harassment due to the conduct of the OP as this is the habit of the OP is not the first time. The OP did this type of practices with the complainant, rather OP is in habit of doing this with the customers, it is worthwhile to mention here that one more complaint is pending before this Forum against the same OPs. The act and conduct of all the OPs amounts to deficiency in service and unfair trade practice for over charging from the complainant and as such, necessity arose to file the present complaint with the prayer that the OPs be directed to refund the amount of shipping along with cost and interest and further OPs be directed to stop such practices and an excellent level of service should be provided to the complainant as a matter of right in the interest of justice and further OPs be directed to pay compensation on account of mental harassment to the complainant, to the tune of Rs.50,000/- and legal fee of Rs.15,000/-.
3. Notice of the complaint was given to the OPs and accordingly, both the OPs appeared through its counsel Sh. Rocky Heer, Adv, who get numerous date with cost for filing written statement and ultimately, the OPs failed to file written statement and defence of the OPs was ordered to be Struck off on 11.07.2018.
4. In order to prove the complaint of the complainant, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex.C-1 and Ex.C-2 and closed the evidence.
5. We have heard the learned counsel for the respective parties and also gone through the case file very minutely.
6. The claim of the complainant is simply that he ordered online on the mobile application of the shopper stop two products for Rs.1048/- on 03.03.2018 against order No.125123089 and also applied a coupon of Rs.200/-, which was gifted at the shoppers stop store to the complainant and accordingly, the complainant made a payment, but the OP charged shipping fee of Rs.100/-, which is against the offer given by the OP on the screen shot and copy of the same is available on the file Ex.C-2. No doubt, the OP sent an email reply to the complainant on the same day i.e. 03.03.2018 at 05:05 PM and submitted to the complainant that as per new shipping policy updated on 14.02.2018 order value less than Rs.900/-, they charge a minimum shipping fee of Rs.100/-. Admittedly, the complainant purchased the article for amount of Rs.1048/-, out of which a discount of the coupon of Rs.200/- was given and the total amount payable by the complainant is Rs.948/-, which is very well mentioned on the photocopy of the screen shot Ex.C-2. If the complainant paid total amount of Rs.948/- even after getting discount of Rs.200/-, means the complainant paid more than Rs.900/- and even then the case of the complainant is covered under the new shipping policy as elaborated by the OP in the Ex.C-1, whereas the copy of screen shot, which was taken on 04.03.2018, wherein categorically mentioned that free shipping on order above Rs.500/-.
7. From the above documentary evidence, which is corroborated by the complainant by filing his own affidavit Ex.CA, itself established that the OP has illegally, arbitrarily get excessive charged in the name of shipping fee of Rs.100/- from the complainant, which is required to return to the complainant being deficiency in service as well as unfair trade practice.
8. In the light of above detailed discussion, the complaint of the complainant is partly accepted and OPs are directed to refund the shipping charges amount of Rs.100/-, to the complainant along with interest @ 12% per annum from the date of purchase 03.03.2018, till realization and further OPs are directed to pay compensation for causing mental harassment and agony to the complainant, to the tune of Rs.15,000/- and litigation expenses of Rs.5000/-. The entire compliance be made within one month 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 Harvimal Dogra Karnail Singh
14.11.2018 Member President
