DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 7th day of August, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
: Sri.Krishnankutty N.K., Member Date of filing: 18/03/2023
CC/78/2023
Ramya.K,
Kizhakkethodi House,
Cherpulassery P.O,
Palakkad – 679 503 - Complainant
(Party in person)
V/s
The Manager,
Sleepyhead Home Decor Pvt.Ltd.,
4th Floor, NR Trident Tech Park, 30/6,
Hosur Road, Sector 6, HSR Layout,
Bangaluru,
Karnataka – 560 068. - Opposite party
(Ex-parte)
O R D E R
By Sri.Krishnankutty.N.K., Member
1. Pleadings of the complainant in brief.
The complainant purchased online, an orthopedic, memory foam mattress, from the opposite party on 10/02/2023 for Rs.13499/-. The product was delivered on 13/02/23. As she was not satisfied with the product, request for return was made through the opposite parties website. Through the product was collected by the opposite party, she is yet to get the refund of the amount, inspite of her repeated efforts. Hence this complaint is filed seeking the refund of the amount along with a compensation of Rs.1,00,000/-.
2. Notice was issued to the opposite party, but they did not enter appearance and hence was set ex-parte.
3. The complainant filed proof affidavit and marked Ext.A1- A4 as evidence. Ext.A1 is the tax invoice of the product purchased, A2 is Account Statement of the complainant with Central Bank of India, Cherpulassery, A3 is a series of E-mails regarding the return of the product, and A4 is the product return policy of opposite party.
4. Ext.A2 is the evidence for the payment of Rs.13,499/- made on 10/2/23 to the opposite party. A3 is a series of e-mail correspondence showing that the refund process for Rs.13,499/- has been initiated. A4 is the return policy of the opposite party clearly mentioning that the refund will happen within 7 – 10 days after the return product is picked up.
5. Not refunding the amount as per the declared return policy of opposite party is a serious deficiency in service on their part. As the complainant has succeeded in proving a prima facie case of deficiency in service on the part of the opposite party, the complaint is allowed ordering the following reliefs.
- The OP is directed to refund Rs.13,499/- along with interest @10% pa from 10/02/23 till the date of payment.
- The OP is also liable to pay a compensation of Rs.25,000/- towards deficiency in service and resultant mental agony.
- The complainant is also entitled to receive Rs.5000/- as cost from the opposite party.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.250/- as solatium per month or part thereof till the date of payment.
Pronounced in open court on this the 7th day of August, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Exhibits marked on the side of the complainant:
Ext. A1 : Tax Invoice of the mattress dated 10/2/2023.
Ext. A2 : Accountant Statement of the complainant with Central Bank of India,
Cherpulassery.
Ext. A3 : Series of E-mail correspondence regarding refund.
Ext. A4 : Return Policy of the Opposite party (Printout from website)
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court Witness: Nil
Cost: Rs.5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
