BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 25^TH DAY OF NOVEMBER 2024

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. Refund immediately the balance of Rs.31,524.50 duly paid for the four undelivered products.
2. Pay interest at 12% p.a., on the refund balance from the date of receipt of the said amount till the date of payment of the entire amount.
3. Pay compensation for the additional expenses incurred by the complainant.
4. Pay the cost of litigation.

2. The case set up by the complainant in brief is as under:-

The complainant has purchased five products through three purchase orders on December 5^th, 6^th and 9^th of 2023 on https://www.thefashionstation.in/ the OPs website against payment of Rs.10,687.50, Rs.13,357/- and Rs.15,200/- respectively and made payment through her credit card.  The complainant has also furnished the details of the credit card payments for having paid a total amount of Rs.39,244.50.

3. The OP has also issued confirmations for having received the payment. Apart from product No.1 i.e., order #902933 Charizma Signora Embroidered velvet /CVT3-04 for Rs.7,700/- which was delivered in the first week of January 2024.  The complainant has not received the remaining four products till date.  As per the OP’s delivery commitment published on their website the complainant was to receive these items within 30 days from the date of order. The non-delivery by the OP is acknowledged by the OP and the items orders have the status marked as ‘Processing’ on the order account available of the complainant.

4. The complainant has repeatedly on numerous occasions followed up with the OP’s whatsApp support chat to sort out the non delivery of the products since 14.12.2023 until cancellation and not received any relief from them.  

5. It is further contention of the complainant that the unreasonable period of delay for undelivery of the remaining products were cancelled from the complainant on 18.01.2024 and refund sought for Rs.31,524.50 to the source of payment in line with cancellation and refund policy published on the OP’s website. The OP’s whatsapp support chat stated that the refund would be completed within 10 to 12 days and confirmation of transfer would be sent by email once it is initiated as evidenced by the screen shot of the communication with the OP.  Even after unreasonable delay of 11 weeks and the promise to refund the complainant has not received the refund.  The OP has failed to initiate the refund as promised and failed to respond to any attempt to communicate, respond to whatsapp messages or answer phone calls. Hence this complaint is filed.
6. In response to the notice, OP has not appeared before this commission hence OP placed exparte.

7. Though sufficient time was given to the complainant has neither appeared nor filed his affidavit evidence and nor has submitted their arguments. Hence affidavit evidence of complainant and arguments are taken as nil.  

8. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

9. Our answers to the above points are as under:

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

10. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint filed by the complainant and the documents placed along with the complaint.

11. Inspite of service of notice the OP remained absent and he has not at all challenged the allegations made in the complaint and the documents filed by the complainant.  Hence there is no reason to disbelieve the allegations made in the complaint and documents.

12. It is clear from the allegations made in the complaint that the complainant has placed orders to purchase five products through OP website on 5^th, 6^th and 9^th December 2023 by paying a total amount of Rs.39,244.50 ps., as per annexure A and B.  The complainant wants to purchase these products for a wedding which was fixed at the end of January 2024. Apart from one product which was delivered in the first week of January 2024 the OP has not at all delivered remaining four products till today.  The non-delivery of the OP is acknowledged by the OP and the item orders have the status marked as process on the complainant’s account as per annexure C.

13. The complainant repeatedly on numerous occasions followed up with whatsapp support chat to sort out the none delivery of the products since 14^th December 2023 until the cancellation she has relied on the whatsapp chat as per documents annexure D and E.

14. When the OPs have failed to deliver the remaining four products the complainant has cancelled the order on 18.01.2024 and requested the OP for refund of Rs.31,524.50 ps., to the source of payment in line with the cancellation and refund policy published on the OPs website.  The OP through their whatsapp support chat stated that they would refund the amount within 10 to 12 days and confirmation of transfer would be sent by email once it is initiated as per annexure E.  Even after the delay of 11 weeks to refund the amount the complainant has not at all received the amount.

15. It is clear from the annexure A to E and the allegations made in the complaint that even though the OPs have received the entire amount have failed to deliver the product as per the commitment published on their website.  Even though the OPs have assured the complainant that they would refund the amount within 10 to 12 days of the cancellation of the product have failed to initiate the refund and failed to pay the amount and thereby they have committed deficiency of service and unfair trade practice.  The complainant has booked the product online for the occasion of marriage. The OPs have failed to comply with the demands after received the entire amount. Hence the complainant has clearly established the deficiency of service and also the fraud and unfair trade practice on the part of the OPs. Hence the complainant is entitled for the relief. Therefore we answer the Point No.1 in affirmative and point No.2 partly in affirmative.

16. Point No.3:- In view the discussion referred above we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is hereby directed to refund Rs.31,524.50 with interest at 9% p.a., from the date of respective payment till realization.
3. OP is further directed to pay a compensation of Rs.10,000/- with litigation cost of Rs.5,000/- to the complainant.
4. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 12% p.a. after expiry of 60 days on Rs.31,524.50 till final payment.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 25^TH day of NOVEMBER 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Nil

Documents produced by the representative of opposite party – R.W.1;

Nil