ORDER

 [Per Shri Jayant S. Prabhu, President]

By this order we shall dispose the complaint filed by the Complainant as against the Opposite Party under section 12 of the Consumer Protection Act.

1. In brief, the case of the Complainant is that he purchased products through the Opposite Party’s website which deals in selling goods online. On 15-12-2013 the Complainant booked online six items, valued at Rs.3421/-.The items included stackable shoe rack, slim fit jeans, Welly collection, Poppity Pop train, interstellar robot, Excalibur shirt dark blue and another black and white.The case of the Complainant is that he made online payments through his bank account against purchase order invoice reference no. 28187108.As per the Complainant, he was shockedto receive the delivery of only shoe rack on 16/12/2013 and none of the other items which he had paid for were delivered to him.

    

2. On inquiry it was informed to him that the remaining items would be sent to him through separate courier.Expecting the remaining items to be dispatched to him in due course of time, the Complainant in good faith placed another order for three items namely one combo of 3 Brotons ready to stitch pants, one combo of Lee Kansas Men Slim Fit Jeans (LEJN3199 + Wrangler Men Jeans (Blue) and combo of 3 Polo T-shirtswhich were valued at Rs.3,961/-.As per the Complainant he had paid the said amount online.

    

3. According to the Complainant, he was surprised to find that only one item i.e. combo of 3 Brotons ready to stitch pants was delivered to him.According to the Complainant, expectingthe two otherdeliveries to be made to him, he placed a third order with the Opposite Party and paid a sum of Rs.2,543/- online.On placing the third order, the Complainant only received one of the items i.e. Allen Solly Grey mens jeans.According to him thereafter, he also received one Peter Englandshirt on 10-01-2014.

    

4. Being induced, due to the assurance given to the Complainant by the Opposite Party, the Complainant also placed another order for ten items which were worth around Rs.8,596/-.The said amount was also paid online by the Complainant.However, according to the Complainant only one item of five polo T-shirts was delivered to him.According to the Complainant he thereafter, tried to follow up with the Opposite Partyand sought to resolve the issue by dispatching the remaining products, however, the Opposite Partynever complied with the request of the Complainant.In the meanwhile, the Complainant was informed by the Opposite Party that he could get a chance to win an iPhone apple phone make for which the Complainant had to pay Rs.7,999/- and take part in the contest.The Complainant by paying the said amount took part in the contest whereupon the Complainant received a data Wind Ubisurfer9 and did not receive any iPhone as promised by the Complainant.According to the Complainant he received the said data Wind Ubisurfer9 tablet on 03-10-2013 in a damaged condition.He contacted the executive of the Opposite Party who suggested to send back the product through courier.The Complainant thereafter sent back the item at his own cost with the expectation of the Opposite Party refunding the said amount of Rs.7,999/-.

    

5. Further the case of the Complainant is that the Opposite Party also never declared the result of the contest for which he had paid.The Complainant thereafter, sent number of e-mails but the Opposite Party neither refused to reply to the e-mails nor has refunded the money.According to the Complainant, his account was just credited with credit points by the Opposite Party and none of his complaints has been resolved by the Opposite Party.The Opposite Party has also refused to deliver the remaining items for which he had paid for.According to him the cause of action arose on 15-12-2013 as the Opposite Party failed to deliver the items.

    

6. Ultimately, the Complainant prays for a sum of Rs.16,000/- which he has paid towards different items, a sum of Rs.20,000/-towardsmental agony he suffered and for a sum of Rs.1,000/- towards cost .

    

7. The Complainant has relied upon documents which include copies of the e-mails sent by the Opposite Party to the Complainant acknowledging receipt of the money and also informing the Complainant about the goods that would be dispatched within short time.The e-mails also make it clear about the online payments and the product name and value of each product.We also find a statement of account of the Complainant issued by the Axis Bank wherein the Complainant has made online payments to the Opposite Party.We also find the e-mails addressed by the Complainant.

    

8. From the records we find a certificate issued by the Post Master, Margao Head Office, Margao stating the delivery of the article i.e. postal envelope dispatched by this Forum.

    

9. We therefore, are of the opinion that the Opposite Party has been duly served with the notice of this Forum.Inspite of the notice of this Forum, the Opposite Party has opted to remain absent. The Complainant has not been represented by his lawyer but is represented by his wife who is his attorney.

    

10. Admittedly, the Complainant has made online payments for the items he ordered from the Opposite Party.The mode of payment as done through his Bank online, stands proved by the statement of account relied upon by the Complainant, and moresoover, by the e-mails sent by the Opposite Party to the Complainant.

     

11. As the Opposite Party has refused to file their written version , a presumption adverseto the Opposite Party requires to be drawn.The case of the Complainant therefore stands proved.

     

12. Moreover, from the documents that are placed on record, we are of the opinion that the Complainant has paid for the items he ordered and the Opposite Party inspite of collecting the amount have failed refused and neglected to dispatch the items as ordered by the Complainant.

     

13. Of late many websites dealing in e-commerce have mushroomed throughout the Country.Some of them have been conducting their business honestly and have therefore, prospered accordingly, while some of them are operated by tricksters whose object is to cheat gullible customers from day one.Customers and consumers should be vigilant and should not purchase any items through these websites.It is also the duty of the Government to regulate and control such websites who have been operating through dark lanes and have been conducting fraudulent business.

     

14. The present complaint is therefore, allowed and the Opposite Party is directed to refund the entire amount of Rs.16,000/- paid by the Complainant to theOpposite Party, so also the Opposite Party is also directed to pay a compensation of Rs.20,000/- to the Complainant towards mental agony suffered by the Complainant.The Opposite Party shall also pay a sum of Rs.1,000/- towards the cost of this complaint.Order accordingly.