Chandigarh

DF-I

CC/270/2022

Gaurav Abrol - Complainant(s)

Versus

Tata Unistore Limited (Tata Cliq) - Opp.Party(s)

In Person

25 Oct 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

Gaurav Abrol son of Sh. Pawan Kumar Abrol, resident of H.No.3062, Sector-45-D, Chandigarh-160047.

Complainant

Versus

(i) Tata Unistore Limited(Tata Cliq), Ist Floor, Empire Plaza 2, LalBahadur Shastri Marg, Chandan Nagar, Vikhroli West, Mumbai, Maharashtra400083 India through its head/incharge

(ii) Helios Watch Store- By Titan G-44/24, Shipra Mall, VaibhavKhand, Indirapuram-201014 Uttar Pradesh, India, through its head/Incharge

Opposite Parties

Per SURESH KUMAR SARDANA, Member

     Briefly stated the complainant placed an order for purchase of Titan Watch from TATA CLIQ app on 22.10.2021, on offering discount by the said app. After discount, price of watch as quoted at Rs.6983.01, which was paid by the complainant. The said watch was supposed to be delivered on 26.10.2021 by Courier Company Xpressbee but when the same was not delivered, the complainant made a call on 28.10.2021 to Customer care of TATA CLIQ. The complainant was advised to wait till 7.00 P.M. as there was a possibility to receive the product on that date. Since the product was not delivered, the complainant again made a call to the customer care. He was then advised to wait for another 3 days and till the time the complainant did not raise complaint about non- delivery of the ordered watch, the app was showing that the product had been shipped from Delhi NCR but after the complaint was made regarding non-delivery of the product, the app showed that the product would be delivered from Uttar Pradesh. Ultimately on 31.10.2021 the complainant through courier service received a box containing the watch. The complainant immediately opened the box and was shocked to see that a different type of watch was sent. The complainant also made a video at the time of opening the watch and called the customer care team. The complainant was provided a number 8657566287 for sending pictures of the wrong product on it. The complainant acted accordingly and requested to send the product as ordered by him and the complainant was told to wait for a few days as a team of OPs would check the product and allow its replacement. But neither the replacement was allowed nor any refund order was received and the complainant was informed by TATA CLIQ team and Krithika that after investigation it was found that the seller had sent the correct product. The complainant ultimately sent notice to Opposite Parties on 11.11.2021 requesting them to either send him the original product ordered or refund to its market price so that the complainant may be able to purchase the product from the open market, but to no effect. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The Opposite Parties NO.1 in its reply stated that that the answering OP operates through its brand name "Tata CLIQ" & "Tata CLiQ Luxury", which are the online technology platform (Marketplace) accessible through web (www.tatacliq.com/ www.tatacliq.com/
3. OP No.2 in its reply stated that the complainant has made allegations against the courier company but did not implead the same as party to this complaint. It was incumbent upon the complainant to implead the said courier company as a party and despite being in knowledge about the name and details of the said company, the complainant chose not to do so and therefore the present complaint is liable to be dismissed for want of joining of necessary party. It is alleged that the complainant had made an unboxing video of the watch in question and has also clicked certain photographs while opening the watch box but he has neither provided the said unboxing video nor had sent the relevant photographs to the answering OP. The answering OP had sent the same watch as has been ordered by the complainant but it however appears that the complainant for reasons best known to him has sent the wrong watch and therefore no cause of action arises in his favour and the complaint is liable to be dismissed for want of cause of action. Denying any deficiency on its part a prayer for dismissal of the complaint has been made.
4. Rejoinder was filed and averments made in the consumer complaint were reiterated.
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. The main grievance of the complainant is that the product ordered by him was not delivered by the OPs and a local product was supplied by the OPs in place of original product.
8. During the arguments the complainant has shown the video of the un-packing  of product in the package and the OP’s have also shown a video  packing the product inside the package, wherefrom it is observed that the OPs have packed correct product and sealed the package properly before its dispatch. On perusal of the video of complainant it is very clearly observed that the seal was not properly fixed and package was found tampered.
9. As the complainant himself accepted a tampered box and made video thereof while unpacking  it, we are not in a position to establish whether the complainant himself opened the box and replaced the original product with local one and then again sealed it or this was done earlier by some one else. We are of the view that any prudent person shall not accept a product which seems to be tampered. But the complainant admittedly accepted the same.
10. In view of the foregoing, discussion we are of the view that the complainant has miserably failed to establish any deficiency in service on the part of the OPs and the complaint being meritless is liable to be dismissed.
11. From the foregoing discussion, it is held that the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.
12. Pending miscellaneous application(s), if any, also stands disposed off
13. Certified copies of this order be sent to the parties free of charge. The file be consigned