CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 30th day of January, 2015
CC.NO.161/2014
PRESENT : SMT. SHINY.P.R, PRESIDENT Date of filing: 23/10/2014
: SMT. SUMA K.P, MEMBER
Sajeev Perinchery, : Complainant
S/o.Late.V.Gopalakrishnan,
Sreevalsam, Arangattu parambu,
Near Krishi bhavan, Alathur – 678 541
Palakkad, Kerala.
(Party in person)
Vs
The Manager, : Opposite party
Whaaky.com online shopping
Way2online Retail Private Limited
No-1-8-319/2, Patigadda Road,
Begumpet, Hyderabad – 500016
O R D E R
By Smt.Shiny.P.R, President.
Brief facts of the case:- On 06/04/2014 complainant had ordered 5 nos. of Koutons mens jeans of 34 inches for Rs.1,199/- through online from opposite party. On 22/07/2014 the complainant got consignment through VPP. But the delivered jeans were of different in size. So he informed the matter to opposite party through e-mail and they instructed to send it back. As per the instructions, complainant sent it back through post office parcel service on 24/07/2014. Opposite party received the parcel on 30/07/2014. But till this date opposite party did not send the item ordered. Complainant submitted that the act of opposite party amounts to deficiency in service. Hence the complaint. Complainant prays for a direction to deliver the ordered item or to get back the cost of jeans of Rs.1,199/- along with Rs.30,000/-(Rupees Thirty thousand only) as compensation for mental agony and other expenditure.
Complaint was admitted and issued notice to opposite party. After the receiving of notice, opposite party did not appear before the forum. Hence set exparte.
Complainant filed his affidavit and Ext.A1 to A11 marked.
Issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite party?
2. If so what is the reliefs and cost?
ISSUES 1 & 2
Heard the complaint: - We have perused the documents on records. After perusing the documents we are of the opinion that the complainant had booked the 5 Koutons mens denim jeans for Rs.1,199/- on 06/04/2014. As per Ext.A6 the opposite party acknowledges the receipt of faulty item. But till this date the ordered item did not send to complainant. Non delivery of ordered item amounts to deficiency in service. No other evidence to the contrary.
In the result complaint is partly allowed. Opposite party is directed to pay Rs.1,199/-(Rupees One Thousand one hundred ninety nine only) as cost of the ordered item, Rs.5,000/- (Rupees Five Thousand only) as compensation for mental agony and Rs.1,000/-(Rupees One Thousand only) as cost of proceedings.
Ordered amount shall be paid within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 30th day of January, 2015
Sd/- Smt. Shiny. P.R
President
Sd/- Smt.Suma K.P Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - Order Confirmation E-mail from Whaaky.com Dt.06/04/2014
Ext.A2 - Pending dispatch Order E-mail from Whaaky.com Dt.14/04/2014
Ext.A3 - E-mail to provide images of material received Dt.22/07/2014
Ext.A4 -Wrong material reception intimation with images Dt.22/07/2014.
Ext.A5 -E-mail from Whaaky.com to send the wrong item back Dt.23/07/2014
Ext.A6 - Self shipment reception confirmation e-mail Dt.30/07/2014
Ext.A7 - Pending dispatch E-mail from Whaaky.com Dt.02/08/2014
Ext.A8 - Pending dispatch E-mail from Whaaky.com Dt.12/08/2014
Ext.A9 - Pending dispatch E-mail from Whaaky.com Dt.20/08/2014
Ext.A10 -Selfshipment reception and reshipment pending e-mail from
Whaaky.com Dt.4/11/2014
Ext.A11 -Replacement reshipped e-mail from Whaaky.com Dt.18/11/2014
Exhibits marked on the side of the opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost allowed
Rs. 1,000/- (Rupees One Thousand only) allowed as cost of the proceeding.
Forwarded by/By order
Senior Superintendent
