DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the   27 ^th day of November, 2023

Present  : Sri.Vinay Menon V. President

                       : Smt. Vidya.A., Member

              : Sri. Krishnankutty N K, Member

                  Date of filing: 02/06/2023

CC/144/2023

Udaya P K,           - Complainant    Payyanikkal House,

Srambikulambu,

VTC Mangalam Dam,

Alathur, Palakkad 678 706

(Party in person)

                                              Vs

The Authorised Signatory,  -      Opposite Party

Netxecom Ship Rocket, Plot No.122,

Basement D Block Sector, T.Noida,

Goutam Budda Nagar 201301 .

(Ex-parte).

O R D E R

Prepared by Sri Krishnankutty N K, Member

1. Pleadings of the complainant in brief

  The complainant ordered a luxury watch worth Rs 1499/- from the opposite party on 24/04/23. The product was delivered on 2^nd May 2023 through the Blue Dart Courier Service. When the packet was opened it was found that the delivered item was different from the product ordered by him seeing the photograph of the product displayed in their advertisement. The parcel received contained a poor quality watch without mandatory papers like name of the manufacturer, invoice, warranty etc. Though the complainant tried to initiate  return and to contact the opposite party, they did not respond. On 4^th July 2023 the complainant received a call from (Mob No. 8287161969) a person introducing himself as a representative of the opposite party and asking the complainant to send Rs 1/- by google pay, inorder to send the refund of the cost of the watch. Smelling a fraud, the complainant did not respond. Instead approached this Commission seeking refund of             Rs.1499/- being the cost of the watch along with a compensation of 8300/- for Deficiency in Service apart from cost of the litigation.

•  Notice, was issued to the opposite party. They did not enter appearance, hence was set ex-parte.
• The evidence adduced by the complainant comprised  of Proof Affidavit and documents marked as Ext A1 & A2. Ext A1 is the photograph of the product delivered and A2 is the copy of the outer cover of the parcel packet containing the invoice No. & Date, Product name, price details etc.
• The documents marked as above relates to the product delivered to the complainant as per his order,  whereas as no documentary evidence is produced  about the product appeared in the advertisement of opposite party  for which the complainant claim to have placed the order.  Hence this Commission is not in a position to reach any conclusion regarding   the alleged Unfair Trade Pratice or Deficiency  in Service on the part of the opposite party. However the act of opposite party denying the opportunity to the complainant to return  the product as per the return policy of the company or refund of the cost of the watch is a clear case of Deficiency in Service  or  Unfair Trade Pratice on the part of the opposite party.
• In the result, the complaint is allowed and the following  reliefs  are ordered.

• The opposite party is directed to pay Rs 10,000/- as compensation for Deficiency in Service or Unfair Trade Practice.
• Opposite Party is also directed to pay Rs 5000/- as cost of litigation.

The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as   solatium per month or part thereof till the date of payment.

       Pronounced in open court on this the 27^th day of November, 2023.

                                                      Sd/-    Vinay Menon V

                                                                                  President

 Sd/-

Krishnakutty N K

Member.