Orissa

Cuttak

CC/246/2023

Asutosh Sahoo - Complainant(s)

Versus

The Managing Director,AJIO - Opp.Party(s)

self

18 Jan 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                             C.C.No.246/2023

Asutosh Sahoo,

S/o: Arun Kumar Sahoo,

At:Sibamandira Gali,Bangali Sahi,

Cuttack-753001.                                                            ... Complainant.

 

          Vrs.

 

1.        The Managing Director,

Ajio,C/o: Reliance Retail Ltd.,

                  WJ88+P54,29th Min Road,

Old Mandiwala Jay Bheema Nagar,

                   1^st Stage,BTM,1st stage,Bangaluru,

                    Karnataka-560068

 

2.       The Manager,

Ajio,C/o: Reliance Retail Ltd.,

,Shop No.E149,E150A,Ground Floor,

Mall of India,Plot No.M03,

                  Sector-18,Noida,UP-201301

 

3.       The Manager,

Customer Care Office,

Ajio,C/o: Reliance Retail Ltd.,

SS Plaza,74/2 Outer Ring Road,29^th Main Road,

BTM 1 Stage,BTM Layout,Bangalore,

                 Karnataka-560068.

 

4.       The Seller/Consigner,

Ajio,C/o: Reliance Retail Ltd.,

Survey No.54/1,Nandihalli Vilalge,55yh Km Stone

NH-4,Tumkur Road,Oodigree Hobil Taluka,

                     Tumkur,KAR572101                                                               ...Opp.Parties

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

Date of filing:    24.07.2023

Date of Order:   18.01.2024

For the complainant:           Self.

                For the O.Ps.             :             None.

 

Sri Debasish Nayak,President

          Case of the complainant as made out from his complaint petition in short is that he had received a parcel as per his order on 23.2.2023 but to his dismay when he opened up the said parcel, he could notice that a dirty pair of shoes were inside the said parcel having some stains of colour paint on those.  He had brought the said fact to the notice of all the O.Ps since because they were the said O.Ps who had enabled him for getting the said parcel.  But when the O.Ps neither refunded him the cost as paid by him nor had they replaced  his shoes, he had to approach this Commission by filing a petition seeking cost of the said product to the tune of Rs.5519.31p and further a sum of Rs.1,60,000/- as compensation towards his mental agony and harassment.  He has also prayed for a sum of Rs.90,000/- towards his litigation expenses.

          Alongwith his complaint petition, the complainant has filed copies of several documents in order to prove his case.

2.       Out of the four O.Ps as arrayed in this case, O.Ps no.2 & 4 were set exparte vide order dated 8.9.2023 and O.Ps no.1 & 3 were set exparte on 12.10.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point No. ii.

Out of the three points, point no. ii being the most pertinent point is taken up first for consideration here in this case.

Admittedly, the complainant has placed order for a pair of shoes on 23.2.2023 but when he opened up the received parcel he could notice that a dirty pair of shoes were inside the said parcel having some stains of colour paint on those.  He had brought the said fact to the notice of all the O.Ps but the O.Ps have not responded to the grievance of the complainant nor had they refunded his money for which the complainant had to take shelter before  this Commission as because, by spending his hard earned money he had purchased the said pair of shoes and by wasting his valuable time he had tried to convince the O.Ps for refund  and when they did not respond, being aggrieved he had to file this case for which the O.Ps are liable and they have definitely committed deficiency of service. 

Points No.i & iii.

          From the discussions as made above, the case of the complainant is maintainable and the complainant is definitely entitled to the reliefs as made.  Hence it is so ordered.

 

                                                          ORDER

The case is allowed exparte against all the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to refund the cost of the shoes i.e. Rs.5519.31p to the complainant with immediate effect.  The O.Ps are also directed to pay the complainant a sum of Rs.20,000/- towards compensation for his mental agony and harassment as well as a sum of Rs.15000/- towards the cost of his litigation. This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 18^th day of January,2024 under the seal and signature of this Commission.         

 

                                                                             Sri Debasish Nayak

                                                                                           President

 

 

                   Sri Sibananda Mohanty

                                                                                              Member