Haryana

Bhiwani

CC/45/2023

Mangal Chand - Complainant(s)

Versus

Shreyash Retail - Opp.Party(s)

Anirudh

04 Oct 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    45 of 2023

                                                DATE OF INSTITUTION: -              03.03.2023

                                                            DATE OF ORDER: -                         04.10.2023

 

Mangal Chand aged 37 years son of Shri Naresh Kumar Aggarwal, Ward No.28, Manan Panna, House No.468, Bhiwani 127021.

 

    ……………Complainant.

 

VERSUS

 

1. Shreyash Retail Private Limited, Second floor, Plot Number 82, Okhla Industrial Estate, Phase 3, New Delhi-110020.
2. Myntra designs Private Limited, Buildings Alyssa Begonia and clover situated in Embassy tech Village, Outer Ring Road, Devarabeesanahalli village, Varthur Hobli, Bengaluru 560103.
3. Manager Myntra Designs Pvt. Ltd., Plot No.82A, Sector 18, Gurugram-122015.

 

………….. Opposite Parties.

 

COMPLAINT U/S 35OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:      Hon’ble Mrs. Saroj Bala Bohra, Presiding Member

Hon’ble Ms. Shashi Kiran Yadav, Member

 

 

Present:-      Sh. Suraj Chand Aggarwal, Advocate for complainant.

          Sh. Deepanshu Tuteja, Advocate for OPs.

 

ORDER:-

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of the case, as per complainant are that on dated 16.01.2023 he had purchased US Polo Assn. Men Navy Blue Solid Hooded Padded Jacket through online from Myntra company amounting to Rs.4799/-.  It is alleged that the Myntra company delivered wrong jacket of Tommy Hilfisher company and the complainant contacted the customer care for returning the order.  On this customer care said that we will pick up of wrong jacket before 23.1.2023.  It is alleged that Myntra Company sent sms email that return is confirmed on 18.1.2023 but no person come from the courier company to receive the product.  It is alleged that an email was written to the consumer by myntra company on Myntra Application help centre on 20.1.2023 in which it was also written that your claim has been approved for return but the customer was harassed for 6 continuous days and product not picked up till date and no refund received.  The complainant issued a legal notice to Myntra but no correspondence has been fixed by the respondents.  The complainant further alleged that due to the act and conduct of the respondents he has to suffer harassment, humiliation and mental agony.  Therefore, he prayed that the complaint of the complainant may kindly be allowed the OPs be directed to pay the following

i           To pay sum of Rs.4799/- as cost of jacket.

ii          To pay Rs.20,000/- as cost of litigation charges.

iii         Rs.1,00,000/-  as compensation to the complainant on account of mental and physical agonies.

Hence this complaint.

2. On appearance, OP no. 1 filed written statement alleging therein that the role of the answering OP is only limited to selling the products of various manufactures and its role comes to the end as soon as the product ordered is delivered at the address provided by the customer.It is submitted that the alleged grievance of the complainant is with the third party courier service provider only for not picking up the alleged product and cancelling the return request.It is further submitted that the answering OP is not involved in any unfair trade practices or has committed breach of trust or has acted in a malafide manner.Therefore, there is no deficiency in service on the part of OP no. 1. It is prayed that the complaint be dismissed.

3. product is delivered by the seller and the answering OP has no knowledge and idea.  It is submitted that the return was approved, but the alleged product was never received as same was never pick up by the courier service provider, hence the seller was unable to complete refund.  It is submitted that the complainant is not even a consumer of the answering OP as is neither a ‘trader’ nor a ‘service provider’ and there does not exists any privity of contract between the complainant and the answering OP.  Therefore, there is no deficiency in service on the part of OP no. 2 & 3. It is prayed that the complaint be dismissed with costs.

4.                     To prove its complaint, the counsel for complainant has tendered in evidence documents Annexure C1 to Annexure C10 vide his separate vide order dated 10.08.2023.    Counsel for the OPs made a statement that written statement and Annexure A placed on record be read in his evidence.

5.                     We have heard the learned counsel for both the parties at length and gone through the case file carefully.

6.                     After hearing the learned counsel for the complainant and having gone through the material available on the records, we are of the considered view that the complaint deserves acceptance, as there is deficiency & unfair trade practice on the part of OP no.2&3. The only plea taken by the OP no.2&3 is that the grievance of the complainant does not fall under the purview of the Consumer Protection Act. On the other hand, the learned counsel for the complainant has placed on record documents Annexure C1 to Annexure C10 in support of his case. The complainant has successfully proved his case by placing on record copy of bill Annexure C1 and other documents Annexure C2 to Annexure C10. Myntra company delivered wrong jacket of Tommy Hilfisher company and the complainant contacted the customer care for returning the same. From bare perusal   of the material available on the file, it is clear that OP no.2&3 has failed in redressing the complaint of the complainant, which amounts to deficiency in service on the part of the OP no.2&3. The complainant has failed to prove any deficiency in service on the part of OP no.1

7.                     Therefore in view of the circumstances mentioned above, the complaint of the complainant is allowed against the OP no.2&3 and the OP no.2&3 is directed:-

1. To pay Rs. 4799/- (Four thousand seven hundred ninty nine only) towards cost of Jacket alongwith interest @9% p.a. from the date of filing this complaint i.e. 03.03.2023 till its realization
2.  To pay a sum of Rs.5,000/- (Rupees Five Thousand Only) as compensation on account of mental agony, harassment etc. and Rs.5000/- (Rupees Five Thousand only) as litigation expenses to the complainant.
3. The complainant is directed to handover the wrong jacket of Tommy Hilfisher Company to the OP no.2&3.           

                    The compliance of the order shall be made within 30 days from the date of receipt of certified copy of this order.  Certified Copy of the order be supplied to both the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Commission.

Dated: - 04.10.2023

 

 (Shashi Kiran Panwar)        (Saroj Bala Bohra)              

   Member.                 Presiding Member,

                                                District Consumer Disputes

                                                Redressal Commission, Bhiwani.

 

 

 

 

 

 

 

 

 

 

 

 

Present:-      Sh. Suraj Chand Aggarwal, Advocate for complainant.

          Sh. Deepanshu Tuteja, Advocate for OPs.

 

                    Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

 

                   

Dt:04.10.2023         Member.                    Presiding Member,

                                                               District Consumer Disputes

                                                               Redressal Commission, Bhiwani.