IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Friday the 1st day of October, 2021
Filed on 10.10.2019
Present
1. Sri.S.Santhosh kumar.Bsc.LLB(President)
2. Smt. Sholly.P.R ,LLB (Member)
In
CC/No.253/2019
Between
Complainant:- Opposite parties:-
Sri.Midhun Raj .R , Chinton Mehta
Vasudevom House Proprietor of Case it up India
Punnapra.P.O Madan Boral Lane, Near
Alappuzha - 688004 Yogayog Bhavan,
(Partyin Person) Bowbazar Circus Avenue
Kolkatta, West Bengal-700012
(Exparte)
O R D E R
SMT. SHOLLY.P.R (MEMBER)
This is a consumer complaint filed U/s 12 of the Consumer Protection Act, 1986.
The averments in complaint in short as follows:-
The complainant had ordered a T shirt branded Indian Cricket team Jersey through an online website, “Case it up India”. He had paid its purchase price of Rs. 999.50/- on the booking day itself ie, on 19/5/2019. The order number was #CIU2071. After 5 days the complainant contacted the company’s whatsapp number, 9903570418, where they sent a photo to the complainant detailing its website in which they entrusted the delivery of product within 45 working days of its booking. Thereafter on 14/6/2019 the complainant sent message and on reply that the opposite party sent message “thank you for your message. We are unavailable right now, but will respond as soon as possible”. Subsequently they sent message informing the delivery of product after one week from 18/6/2019. Thereafter on enquiry they replied lame excuses and after 5/7/2019 there was no reply from their part. Hence the complainant filed this complaint for getting compensation of Rs.50,000/- from opposite party.
Notice issued from this Commission to the opposite party returned endorsing “left”.
2. Points to be raised for consideration:-
1. Whether there is any deficiency in service from the part of opposite party?
2. Whether the complainant is entitled to get compensation of Rs.50,000/- from the opposite party?
3. Reliefs and costs?
3. For evidence the complainant filed 2 documents along with proof affidavit. Those documents were marked as Ext.A1 and A2 series. Heard the complainant.
4. Point No. 1 and 2:-
Complainant’s case is that he had booked a jersy branded “Indian Cricket Team” from the opposite party through online on advance payment. It is alleged that even after the confirmed delivery date of the order the complainant could not get the product. After made attempts for enquiry and its failure the complainant filed this complaint seeking reliefs for his grievances. On perusal of documents, Ext.A2 series shows the confirmation of the order of complainant by the opposite party and the details of subsequent enquiries made by the complainant and its replies from the opposite party. Ext.A1 is the details of payment of Rs.999.50 to the opposite party. From the details of messages shown in Ext.A2, screen shot it is understood that the complainant initiated an earnest endeavour for getting the product he had booked from opposite party. In this circumstance we are inclined to accept the unchallenged averments of the complaint, proof affidavit and Ext.A1 and A2 series. But considering the facts and circumstances of the case we are limiting the compensation to Rs.3,000/-(Rupees Three thousand only. These points are answered accordingly.
5. Point No.3:-
In the result complaint stands allowed in part.
A) Opposite party is directed to pay Rs.3,000/- as compensation to the complainant .
B) Complainant is entitled to get Rs.1000/- as cost of the proceeding from the opposite party.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 1st day of October, 2021.
Sd/-Smt. Sholy.P.R(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Payment Transaction details
Ext.A2series - Whatsapp communications
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
