IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /114/2015.

 Date of Filing:    21.08.2014.                                          Date of Final Order: 31.05.2015.

Complainant: Sri Prasenjit Mandal, S/O Sri Dwijapada Mandal,

                        Baroduary (Near R.B.S.B. High School), P.O. Azimganj, P.S. Jiaganj, Dist. Murshidabad.     

-Vs-

Opposite Party: The Chairperson, Gajabo Com. Gajabo, 201, Alpha Building,

                           Hiranandani Gardens, Mumbai 400076, Maharashtra.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                     Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Smt. Pranati Ali, Presiding Member.

The instant complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 praying for non-delivery of purchased product by the OP.

The complainant’s case, in brief, is that the complainant/Sri Prasenjit Mandal booked an Emporio Armani AR 1410 Black Ceramic Mens Wrist Watch with a payment of Rs.5995 through Indian Overseas Bank to the OP/e-commerce Website gajabo.com introduced by e-commerce website jungle.com on 22.05.2015 at Berhampore. Unfortunately, the track route shows that the article delivered at Bangalore instead of Berhampore to the complainant on 17.05.2015. Thereafter, the complaint several times requested the OP to return back the article and or money but they keep mum. However, the OP received the c all and promised to deliver a fresh product on my address but did not deliver the item. Next, the complaint asked to the referral website jungle.com regarding the matter on 30.06.2015. At first, the website junge.com stated that the website gajabo.com promised them to deliver a fresh item to the complainant but on 14.07.2015, they also stated that gajabo.com till are not responding with them. So, they de-listed the gajabo.com. After that the complainant contracted with National Consumer Helpline and lodged a complaint regarding the order of the article on 14.07.15.The OP is an online seller has a duty to deliver the item anywhere in India, so wrong delivery of the item is a negligence and or deficiency in service as well as unfair trade practice, as because, the complaint has filed this case in this Forum for proper redress.

The OP did not appear in this case though notice was duly served. So, the instant case has been taken up for ex parte hearing.

The only point for consideration is that whether there is any deficiency in service on the part of the OP or not and whether the complainant is entitled to get any relief or not.

                                                        Decision with reasons.

The complainant has submitted some documents in support of his case.

Perused the record, we observed that the complainant booked one Wrist Watch through e-commerce website gajabo.com by depositing Rs.5995/- through Indian Overseas Bank on 22.05.2015 and observing the track route he found that the said article was delivered at Bangalore on 27.05.15 which is evident from copy of Bank Pass-Book , delivery track record etc. But when the complainant asked for the article and regarding wrong delivery the OP kept silent, which is a clear example of deficiency in service as well as unfair trade practice. As because the complainant deposited the amount then OP is responsible to deliver the article to the complainant but the OP failed to comply with that.

As the hearing of the case is taken up for ex parte, there is no scope to rebut the evidence of the complainant.

Relying upon the evidence adduced by the complainant by way of affidavit and also considering the documentary evidence as to entitlement for return the amount paid for the article to the OP, we have no other alternative but to conclude that the complainant is entitled to get an order ex parte for return of paid amount for the article by the OP.

Hence,

                                                           Ordered

that the Consumer Complaint No. 114/2015 be and the same is hereby allowed ex parte without any order as to cost.

The OP is directed to return the paid amount of Rs.5995/- along with Rs.2000/- as compensation to the complainant within 60 days from the date of receipt of this order, f ailing which the OP have to pay @Rs. 50/- per day’s delay as fine and the amount shall be deposited in the Consumer Legal Aid Account.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under registered  post with A/D  to the concerned parties as per rules, for information and necessary action.