MR LAXMI NARAYAN PADHI, PRESIDENT…                     The factual matrix of case is that, the Complainant being allured by the presentation of O.P. over his own website i.e. naaptol. com, shopping the Complainant paced order for Aramex Monster full face helmet vide Order ID-24372872 on 08 July 2016, for Rs.698/- the cost was paid vide the debit card of the Complainant. The product was delivered through the Courier on dt.11.07.2016 at 01: 15 PM. Members present at home of the Complainant received the same, but as the Complainant was out of the hometown, it was opened on 13.7.2016 at 09.30 pm. and it is found that, first the helmet was packed in ordinary cardboard cartoon without any safe guard to the product inside. Inside it is found that the visor glass of the helmet is broken, of the right hand side half of the sticker is torn and missing, the helmet is full of scratches and seems to be an old one was thrown somewhere in the garbage or dump yard, i.e. to say that, it was badly damaged. On the same day of 13.07.16 at about 21.39 hour, the Complainant notified the issue to the O.P. through its email, and after 5 hour the complaint was replied that,

“ please to inform you that we will not be able to arrange the pick up as there is no pick up facility available at your location. Request you to ship the product back to us through any local courier (via road) and share the dispatch details for the same so that we can track the parcel. Send the product to the below mentioned address: “

            The Complainant submits that, she being a purdarsin Hindu Brahmin lady belonging to a family with high social reputation in their community though the order was placed with the present O.P, the invoice shows that it was supplied by one Auto Furnish,SITE-4/140,Vikash Puri, vide his invoice no.846315/DL0001080/2016-17 dt.05.07.2016, a stranger to the Complainant, the Invoicing companies has no other address, the Complainant had put order for supply of the products to the naaptol.in why the other had invoiced the product is unknown to the Complainant, and if for the sake of argument, that, the OP. has any agreement with these suppliers, this is not to the knowledge of the Complainant, and as the Auto Furnish,SITE-4/140,Vikash Puri is working under the O.P., is in the capacity of agents, retail partner, hence, for their malfeasances the O.P. being the Principal is held liable, and thus the Auto Furnish,SITE-4/140,Vikash Puri is not here made parties to the litigation. That the Complainant submits that, the O.P.s providing him a defective item for a valuable consideration in monetary terms, has played deceptive tricks providing a defective products unfair and violation of contract of sale, and thus causing mental agony and financial loss to the Complainant is deficiency in service on the part of the O.P.s which needs compensated substantially with cost of this litigation. The O.P is the online platform service provider for the sale, who advertises and allures its prospective customer through TV networks, the O.P. selling a defective set for a good price, is deficient in service, for the misfeasance, unfair trade practice and deficiency in service. As thus finding no way, but aggrieved the Complainant approaches this forum to file the Complaint for redressal of her grievance and pray for appropriate direction against the OP to pay off the price of helmet i.e. Rs.698/-, to direct the OP to pay a sum of Rs.20,000/- as compensation and Rs.5,000/- as cost of litigation.

2.         The OP neither appeared on call nor file any counter in the case despite allowing adequate chances in its admission. Hence the OP set ex parte as per provisions envisaged in C.P.Act.1986. The complainant has filed cash invoice of the alleged helmet, email persuasions, affidavit. The complainant minutely heard the case and perused the record.

3.         The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.

4.         From the above submissions, it reveals that the complainant has placed order for the product in question on dt.08.07.2016 which was delivered to the complainant on dt.11.7.2016 and after open the wrapper cover it was found damaged. It is seen that, the complainant time and again approached the OP reporting the so called damages and requesting to replace the same with a new one, but the OP neither replaced nor pay off its price to the complainant. Perusing the evidences, submissions by the complainant, we are of the view that, the helmet purchased by the complainant has some inherent defect and substandard quality and the OP failed to render any satisfactory service to the complainant as per provisions of sales of contract. Thus the complainant suffered from mental agony for the damaged set, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP, hence she craves the leave of this forum and prayed for legitimate compensation.

5.         We have orally verified the helmet in question and found damaged and it looks like old and substandard one. It is further noticed that, the instant case was lodged on dt.01.8.2016 and notice has been issued to the OP vide this office/forum memo no.434 but despite receiving notice of this forum the OP failed to take any steps to settle the matter of complainant and there is nothing doubt in the contentions of complainant unless filing, counter and evidences by the OP, hence we feel that the action of OP is illegal, highhanded, arbitrary and unfair which amounts to gross negligence and deficiency in service, hence found guilty under the provisions of the C.P.Act 1986, hence the complainant is lawfully entitled for compensatory relief. Thus the complaint is allowed against OP with costs.                                                                                                                                                                                                            O  O  R  D  E  R

i.          The opposite party supra is hereby directed to pay the price of the helmet set Rs.698/- (Rupees six hundred & ninety eight) inter alia, to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 20th day of Oct' 2016.

      Sd/-                                                                    Sd/-

MEMBER                                                  PRESIDENT, DCDRF,

                                                                        NABARANGPUR.