D.O.F:17/01/2023 / D.O.O:18/01/024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.12/2023
Dated this, the 18th day of January 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT. BEENA. K.G :MEMBER
Abdulkhader Mundol, aged 63 years
S/o. Abdulla Mundol (Late),
R/at Mundol Estt; Near New Bus Stand, : Complainant
Kasaragod, Kerala – 671121.
(Adv: K. Kumaran Nair & Sabari L.S)
And
The Director,
Vle Bazar Privte Ltd,
H. No. 135, Base Net Gali No. 54,
T. Mularband Extension, Badarpur, : Opposite Party
New Delhi, South Delhi, Delhi.
ORDER
SMT. BEENA. K.G :MEMBER
The complainant is alleging negligence and deficiency in service on the part of Opposite party in connection with nonsupply of ordered headphone which resulted hardships, financial loss ,and mental agony to the complainant.
The brief facts of the case is that complainant is a senior consulting civil engineer and Opposite party is E commerce service provider. The complainant placed order for SENNHEISER RS 120 II wireless on ear headphone on 31/08/2022 on payment of total amount of Rs. 7599/- from Opposite party through their online platform. The order placed and payment was made through on line from complainant’s office at Kasaragod. The complainant was waited for the delivery of the product for a long time but the same was delayed beyond justifiable time. The complainant is a leading civil engineer and consultant and the said modern gadget is highly essential for his day to day work. The non supply of the product caused an impediment in the communication. Hence the complainant cancelled the order as the delivery was kept on pending inefficiently by Opposite party. The complainant requested for refund of the amount through email on 06/10/2022. Even though the Opposite party accepted the said cancellation the refund of the amount scheduled on 17/10/2022 and also ensured that they were trying to done it as soon as possible. But the amount was not repaid so the complainant issued repeated reminders to Opposite party. But the amount is not yet paid and it is informed that ‘the payment is under process’ till the date. The complainant had underwent hardships due to the delay in supply of the head phone and there after non refund of the amount. There is gross negligence and deficiency of service on the part of Opposite party which resulted untold miseries to the complainant. The complainant moderately assess the damages sustained to him on account of the negligence and deficiency of service is at Rs. 50,000/- and the Opposite party is liable to pay the same. Hence the complainant is seeking refund of the price of the headphones, Rs. 7599/- with interest @10% a per annum from 31/08/2022 till payment along with a compensation of Rs. 50,000/- with litigation cost of this complaint.
The notice of Opposite party returned stating left .
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext A1 and A2.
The main question raised for consideration are
- Whether there is any deficiency of service on the part of Opposite party in non supply of the headphones after payment?
- Whether the complainant is entitled for relief?
- If so what is the relief?
The facts of the case is that complainant had placed order for headphones on 31/08/2022 vide order id 1741979 on payment of total amount Rs. 7599/, From the Opposite party through online platforms. The order was confirmed. The complainant waited for the delivery of the product for a long time. The complainant is a leading civil engineer and consultant he is unable to work without the above said head phone. When the delivery prolonged for a long time the complainant cancelled the order and requested for refund of the amount through e mail on 06/10/2022. Ext A1 is produced to prove the email communication sent by the complainant Opposite party. The Opposite party accepted the cancellation and intimated that the refund will be received soon. But they did not repay the said amount as promised despite of repeated reminders and the request for refund of the amount is not yet paid but informed that the payment is under process. Ext A2 is another g mail communication seeking refund of the amount within 5 days of the receipt of the letter. Ext A1 and A2 proves that Opposite party failed to supply headphones as promised at the time of payment. There after also Opposite party neither supplied the product nor refund the amount. This is a case of clear deficiency of service and negligence. Due to the lethargic attitude of Opposite party the complainant had undergone severe loss and mental agony. As a civil engineer and consultant the said modern headphone is highly essential for his day to day work. The non supply of the product caused impediment in his communication. The complainant is entitled for relief.
The relief sought by the complainant is refund of the price of the headphone ie Rs. 7599/- along with a compensation of Rs. 50,000/- and cost of the proceedings. The complainant is entitled for refund of the price of the headphone with compensation. It is true that the complainant has faced untold miseries due to the latches on the part of opposite parties, which cannot be compensated in terms of money. The complainant has not produced any documentary evidence to prove such a huge loss of Rs.50,000/-. Considering the circumstances of this case this commission holds that an amount of Rs. 25,000/ is a reasonable compensation in this case.
In the result complaint is partly allowed directing Opposite party to refund Rs.7,599/- with interest @ 9% P/A from 31/08/2022 till payment with a compensation of Rs. 25,000/-(Rupees Twenty Five thousand only) and Rs. 5,000/- (Rupees Five thousand only) as cost of this proceedings to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Copy of confirmation of cancellation of product by the Opposite party.
A2- Copy of e-mail sent by the complainant to the Opposite Party
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
