Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 55
Instituted on : 30.01.2023.
Decided on : 23.11.2023.
Mahesh Sharma(Advocate) s/o Sh. Shiv Kumar Sharma (Advocate) R/o H.No.101, Subhash Nagar, Rohtak.
………..Complainant.
Vs.
Tech Connect Retain Pvt. Ltd., 703-704, 7th Floor Magnum Tower 1, Archview Drive, Sector-58, Golf Course Extension Road, Gurugram-122001(Haryana).
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER.
Present: Sh.VikasAttry, Advocate for the complainant.
Opposite party exparte.
ORDER
TRIPTI PANNU, MEMBER:
1. Brief facts of the case as per complainant are that he had purchasedthe shoes of PUMA Glory for Rs.1589/- through online app Flipkart on 21.11.2022 bearing bill no. FAC7XD2302455168. The complainant received his parcel and opened the same in presence of delivery boy and the complainant was shocked to see that the opposite party wrongly delivered the Vintex shoes in place of PUMA shoes. Complainant questioned the delivery boy but he did not reply specifically and went away. Complainant contacted many a times to the opposite party through mobile and also sent email on 28.11.2022 to the opposite party. But the same was also not replied by the opposite party. Opposite party also denied to replace the shoes and closed the request of complainant. Complainant requested the opposite party many times to replace the shows but to no effect. Hence this complaint and it is prayed that opposite party may kindly be directed to replace the shoes and also to pay Rs.50000/- on account of mental harassment and Rs.5500/- as litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite party. But none has appeared on behalf of opposite party and as such opposite party was proceeded against exparte vide order dated 17.07.2023 of this Commission.
3. Complainant in his exparte evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed his evidence on dated 20.09.2023.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. We have minutely perused the documents placed on record by the complainant. As per bill Ex.C1, the complainant had purchased a pair of PUMA Glory shoes for Rs.1589/- from the online platform i.e. Flipkart but as per the photocopy of photograph Ex.C7 he received Vintex shoes from the opposite party instead of PUMA. As per copy of email Ex.C3 complainant made a complaint to the opposite party that he ordered PUMA shoes but they delivered vintex brand shoes. Opposite party replied vide its mail Ex.C4 and directed the complainant to share the image of product. As per emails Ex.C5 & Ex.C6, opposite party rejected the replacement and cancelled the exchange and in all these, mails it is written that issue was resolved. Whereas the image Ex.C7 itself shows that opposite party had sent Vintexshoes instead of PUMA shoes as ordered by the complainant. On the other hand, it is also on record that opposite partydid not appearbefore this Commission and was proceeded exparte, which shows that they have nothing to say in the matter and all the allegations leveled by the complainant against the opposite party regarding sending wrong product stands proved. Hence there is deficiency in service on the part of opposite party and opposite partyis liable to compensate the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to refund the price of shoes i.e. Rs.1589/-(Rupees one thousand five hundred andeighty nine only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 30.01.2023 till its realisation and shall also pay Rs.5000/-(Rupees fivethousand only) as compensation on account of deficiency in service as wellas litigation expenses to the complainant. Order shall be complied within one month from the date of decision. However complainant is directed to hand over the shoes in question to the opposite party at the time of making payment by the opposite party.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
23.11.2023.
................................................
Nagender Singh Kadian, President
………………………………..
TriptiPannu, Member.
................................................
Vijender Singh, Member
