By. Smt. Reninol Mathew, Member:-
Brief of the complaint:- On 10th April 2014 the complainant placed an order to buy a Converse Men Black Casual Shoe through Myntra Online Fashion Store Banglore. At the time of placing Order opposite party assured that they will send it through DTDC courier services, Sulthan Bathery, it will get on 20.04.2014. An amount of Rs.1,387/- had been paid to the opposite parties as price of this Order. But on 20th April 2014 the parcel was not reached to this complainant. Thereafter he contacted to Myntra customer service and they assured that it will reach within two or three days. But parcel was not reached so far. In the meanwhile complainant lodged a complaint before opposite party No.1, opposite party No.1 replied that they will send it within two working days. Thereafter on 05.05.2014 complainant contacted to customer service and got a reply that it is difficult to them to deliver the parcel at Wayanad. They have no delivery units at Wayanad. Then the same day itself complainant received a mail regarding refund of cancellation of Order No.11538243 and informed that they will return the amount of Rs.1,387/- on 7th May 2014 but opposite parties not complied this promise. Hence filed this complaint. Thereafter several occasions complainant contacted the opposite parties through email but all the effort was in vain and filed this complaint to get Rs.5,000/- as compensation with 10% interest from 10.04.2014.
2. Notices served to opposite parties No.1 and 2 on 03.06.2014 and 05.06.2014 respectively. But they were not appeared before the Forum and not filed version. Hence they set ex-parte and proceeded with the case.
3. On considering the complaint, affidavit and documents the following points are to be considered:-
1. Whether there is any deficiency of service on the part of the opposite parties?
2. Relief and Cost.
4. Point No.1:- The complainant filed chief affidavit and examined as PW1 and Exts.A1 to A7 documents were marked. Ext.A1 is the Order confirmation mail dated 14.04.2014. Ext.A2 is the information mail about order has been dispatched from the warehouse dated 10.04.2014. Ext.A3 is the mail about delayed delivery dated 30.04.2014. Ext.A4 is the mail about shipment is lost in transit dated 05.05.2014. Ext.A5 is the Cash back account details. Ext.A6 is the copy of the page of Bank passbook. In the chief affidavit complainant submitted he had received the amount of Rs.1,387/- that he had already paid to opposite parties on 17.05.2014. According to the complainant the act of the opposite parties caused many inconveniences and mental agony to this complainant. Opposite parties failed to comply their promise. At the time of placing the order opposite parties assured that the parcel will reach at complainant's hometown. Thereafter two three weeks they infomed that they were not in a position to deliver the parcel in complainant's hometown. If they have no delivery unit at this place they could have inform this at the time of booking. Hence we finds that non disclosure of facts at the time of placing order is deficiency of service on the part of the opposite parties. The Point No.1 is found accordingly.
5. Point No.2:- The Point No.1 is found in favor of the complainant, hence the complainant is entitled to get compensation. The Point No.2 is decided accordingly.
In the result the complaint is partly allowed and the opposite party No.1 is directed to pay Rs.1,000/- (Rupees One Thousand Only) as compensation and cost of the proceedings. There is no Order against the opposite party No.2. This Order must be complied by the opposite party No.1 within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31st day of July 2014.
Date of Filing:08.05.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1 (Affidavit). Jayarajan. K. A. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Order Confirmation Mail. Dt:10.04.2014.
A2. Information mail about Order has been dispatched. Dt:10.04.2014.
A3. Mail about Delayed Delivery. Dt:30.04.2014.
A4. Mail about shipment is lost in transit. Dt:05.05.2014.
A5. Copy of Cash Back Account details.
A6. Copy of the Page of Bank pass book.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
