BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.407 of 2017
Date of Instt. 24.10.2017
Date of Decision: 26.03.2019
Brij Mohan S/o Sh. Budda Mal R/o H. No.47, Rose Park, Gulab Devi Hospital Road, Jalandhar 144001.
..........Complainant
Versus
1. The Naaptol Online Private Limited C/o 13 PL Solution Old No.B98 New No.B 1331 New Ashok Nagar Near Pandey Medicose Delhi 9223516148.
2. M/s Associate Punjab MLP Plot No.04, Grown Floor Barwala Road Village Bhagwanpur Dera Bassi District Mohali Punjab.
…..….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Sh. O. P. Chadha, Adv Counsel for the Complainant.
None for the OP No.1.
OP No.2 Given Up.
Order
Karnail Singh (President)
1. This complaint has been filed by the complainant, wherein alleged that he being impressed and attracted by looking the advertisement of OP No.1 on TV channel of displaying beautiful Blankets, add given shown by OP No.1 time and again for total Rs.999/-. The complainant booked a set of blankets, vide order No.36981757 by phone from OP No.1 and the OP No.2 delivered the said product to the complainant, vide Invoice No.584L000000618 dated 01.07.2017.
2. That the complainant received the bundle of blankets after making the payment Rs.1398/- as Rs.999/- the value of the set of five blankets and Rs.1399/- as fright charges. When the complainant opened the said bundle of blankets, he was shocked and disappointed to see the quality of these blankets, which were of sub standard and worst in the quality and he informed the above said OP about the sub standard and worst quality of these blankets through his mobile and regarding it, the OP No.1 agreed to get back the blankets in question. OP No.2 sent his courier supplied to collect this bundle from the complainant, by OP No.2. The courier boy took back this bundle from the complainant and issued a pickup receipt No.253534786020/Naaptol (26263220), which is placed on the file and also gave assurance that the full bill amount will be transferred in the bank account of the complainant immediately by OP No.1. After some days, OP No.2 transferred Rs.399/- in the account of the complainant as a fright charges.
3. That after some days, complainant requested the OP No.1 for depositing Rs.999/- as a price of the above said blankets, but the OP No.1 failed to pay the amount of Rs.999/- on one pretext or the other and lastly flatly refused to pay the said amount and thereafter, the complainant served a legal notice, but all in vain and as such, necessity arose to file the present complaint with the prayer that the OPs be directed to pay Rs.999/- along with Rs.550 as litigation expenses and Rs.25,000/- as a cost of compensation to the complainant.
4. Notice of the complaint was given to the OP No.1 and accordingly, OP No.1 appeared and filed written reply and contested the complaint by taking so many preliminary objections, which needs not to be explained because the OP No.1 admitted in one of the preliminary objection that on 17th July, 2017 an amount of product cost i.e. Rs.999/- was refunded to the complainant by way of Cash Voucher and the same was sent on the registered mobile number of the complainant. On again on 20th July, 2017 the complainant contacted the customer care of OP No.1 and had asked about the voucher amount, as per complainant, stated that he had paid an amount of Rs.1398/- to the concerned courier person. After verifying the entire dispute, it has come to the knowledge of the OP No.1, on 5th August, 2017 the remaining extra amount i.e. Rs.399/- was paid by the concerned seller/vendor in cash. Hence, without any cause of action this present complaint is being filed by the complainant, is liable to be dismissed. On merits, the purchase of the said product as well as return of the price is also admitted by the OP and the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits and the same may be dismissed.
5. In order to prove the case of the complainant, the complainant himself tendered into evidence his two affidavits Ex.CA and Ex.CB along with some documents Ex.CA/1 to Ex.CA/4 and closed the evidence.
6. Similarly, counsel for the OP No.1 tendered into evidence affidavit of Mr. Arun Kumar Sinha, Legal Administrative Officer as Ex.OPA along with some documents Ex.OP-1 to Ex.OP-3 and then closed the evidence.
7. We have heard the learned counsel for the respective parties and also gone through the case file very minutely.
8. After hearing the argument and from scrutiny of the case file, it reveals that the complainant alleged that the product sent by OP No.1 are sub-standard and as such, the same has been admittedly returned by the complainant to the OP No.1 and further alleged that the OP No.1 has not paid the price of the said blankets i.e. Rs.999/-. Further, the complainant in his complaint submitted that OP No.2 transferred a sum of Rs.399/- in his bank account as the fright charges and as such, there remains only the price of the blankets i.e. Rs.999/-, which is to be paid by the OP No.1 and further OP No.1 in its reply, categorically stated that on 17th July, 2017, the price of the product i.e. Rs.999/- was refunded to the complainant by way of Cash Voucher, but the complainant did not admit this fact because if the amount has been transferred in the month of July, 2017, then why the instant complaint filed by the complainant in the month of October, 2017. So, we think that a duty casted upon the OP to establish and prove on the file whether the said voucher was encashed by the complainant and the said amount has been transferred or deposited in the account of the complainant, these facts are to be proved by the OP No.1, but he did not to do any efforts to bring on the file any such type of evidence, where-from we can ascertain that the said amount of Voucher has been deposited in the account of the complainant. So, with these observations, we are of the opinion that the OP No.1 himself admitted that the amount whatsoever demanded by the complainant is transferred by way of Voucher, but the said Voucher never reached to the complainant. So, it is clearly proved that there is a deficiency in service on the part of the OP No.1 and accordingly, we find that the complainant is entitled for the relief claimed.
9. In view of the above detailed discussion, the complaint of the complainant is partly accepted and OP No.1 is directed to pay the price of the blankets i.e. Rs.999/- to the complainant along with compensation as well as litigation expenses of Rs.3000/-. The entire compliance be made within one month from the date of receipt of the copy of order, failing which the OP will liable to pay interest @ 9% per annum on the whole above stated amount from the date of filing complaint, till realization. This complaint could not be decided within stipulated time frame due to rush of work.
10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
26.03.2019 Member President
