Chandigarh

DF-II

CC/582/2015

Sagar Parmar - Complainant(s)

Versus

Snapdeal - Opp.Party(s)

In Person

13 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	582/2015
Date of Institution	:	12.10.2015
Date of Decision	:	13/01/2016

 

                                               

                                                         

Sagar Parmar s/o Sh.Omkar Singh r/o Maharana Partap Hostel, Sector 25(West), Chandigarh

                                      ...  Complainant.

Versus

Snapdeal, Plot No.246, First Floor, Okhla Industrial Area, Phase-III, Delhi-110020.

…. Opposite Party.

 

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

 

Argued by: Complainant in person.

                   OP exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.           In brief, the case of the complainant is that he ordered for purchase of one pair of Shoes make Gas, worth Rs.4,299/- on the website of the OP on 05.09.2015 which were delivered to his roommate on 08.09.2015 and, therefore, the same could not be checked at the time of its delivery.  However on 14.09.2015 when he checked the product, he found minor scratch on the product.  He gave a call to the OP but the same was not received by any customer care executive. Therefore, he visited the showroom of GAS who refused to help him. Thereafter he tried to contact the OP on phone but he was unable to contact.  Thereafter someone suggested him to go through the face book as snapdeal is having a page there from where he could make a complaint. Finally, he made a complaint on 06.10.2015.  Till then the shoes were used by him 1-2 times and the same got torn from the place where scratch was found and now the shoes were in miserable condition.  Afterwards, the complainant received a call from the OP and he asked him the problem faced by him and executive of the Company in turn asked him to go to showroom to get changed the product or do whatever is suitable.  Thereafter, he met the Manager of the GAS Showroom and requested him to change the shoes but he refused to do so. Subsequently, he again made a complaint on the face book page of the OP but they refused to take back the same. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant complaint.
2.           Despite due service through registered post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 11.12.2015.
3.           We have heard the complainant, in person, and have gone through the documents on record.
4.           In his exparte evidence, the complainant has also placed on record the Invoice dated 05.09.2015 vide which he purchased the GAS Dolly Casual Shoes for Rs.4299/-.  He has specifically stated in his complaint that as directed by the OP, he visited the showroom of the GAS a number of times but they refused to help him. He has also placed on record copies of the e-mails through which it is evident that the OP received the complaint regarding the problem being faced by him and they assured him to revert within 24 hours but to no effect.  The complainant has specifically stated in his complaint that the shoes got torn from the place where the scratch was found and now the shoes were in a miserable condition. The OP despite receiving the complaint regarding the defect in the shoes, took no effective steps to get redressed the genuine grievance of the complainant which itself amounts to deficiency in service Moreover, the Opposite Party despite due service did not turn up to contest the case and, as such, it can be concluded without any hesitation that either it admits the claim of the complainant or has nothing to say in the matter.   Therefore, the assertions of the complainant go unrebutted and uncontroverted.  As such, the same are accepted as correct and the deficiency in service and unfair trade practice on the part of the OPs is proved. 
5.           In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The Opposite Party is directed as under ;-

1. To take back the defective shoes and to refund Rs.4,299/- i.e. the price of the shoes in question to the complainant.
2. To pay Rs.2,500/-  as compensation for mental agony and physical harassment to the complainant.
3. To pay Rs.2,500/- as costs of litigation.

This order be complied with by the Opposite Party, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) shall carry interest @9% per annum from the date of this order till actual payment besides payment of litigation costs.

6.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

13/01/2016

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER