Hon'ble Mr. Haradhan Mukhopadhyay, President.

The concise fact of the case of the Complainant is that the  Complainant/ Petitioner booked some garment on 02.09.20 as per order No. 184138 with the OP, the Office-in-charge, Damensch Apparel Private Limited. Accordingly the OP sent all the booked items vide Invoice No. IN/20-21100058709 for Rs.2390/-. Subsequently, the Complainant received the goods under the order on 08.09.20 and made payment in cash. After opening the packet of the garment Complainant saw that all the articles are in very poor condition and of low quality. As per terms and conditions of “ Try it on” guarantee “ Condition if the customer is not satisfied with the articles then within 30 days customers may return the same and the total amount will be refunded”. As per terms and conditions the Complainant sent email for return of all items as per order No.184138 on 30.09.20 at 10.05 A.M. On the same date the OP replied to the email and assured to resolve the problem. After lapse of 7 days the Complainant further sent an email on 07.10.20 and the OP replied subsequently for ascertainment. Again on 10.10.20 the Complainant sent an email and the OP replied that they would refund Rs.610/- as parcel amount. Thus the OP violated the terms and conditions of refund policy and was right to pay the only parcel amount. Subsequently the Complainant sent email for refund of the article and the money paid but the OP neither refunded the money nor did change the article. The aforesaid activities of the OP is deficiency in service and also malpractice of the OP. Due to illegal activities of the OP the Complainant sustained mental pain and agony and financial loss. The cause of action for the case arose on 02.09.20, 08.09.20, 30.09.20 and 07.10.20. The Complainant, therefore prayed for refund of Rs.2390/- from the OP, and further order of Rs.20,000/- for mental pain and agony and Rs.10,000/- towards cost of litigation.

The OP finally did not appear. This Court by its order No.12 dated 19.05.2022 decided to proceed with the case ex-parte against the OP. Accordingly the case is heard ex-parte.

The Complainant in order to substantiate the case adduced evidence on affidavit by filing evidence on affidavit and also proved some documents in the form of Annexure.

We have considered all the pleadings and the evidence on record and given due consideration to it.

After assessing the entire evidence on record it transpires that the Complainant placed an order on the basis of which the OP send the garment through invoice No. IN/20-21100058709 on 01.09.20. The invoice discloses that it was in the name of the Complainant issued by the OP Damensch Apparel Private Limited, No. 86/2, Mangammanapalya, Yellanakunte Road, Bommanhalli, Bengaluru-560068, Karnataka(29), India. Annexure- B also reveals that the terms and conditions includes try it on guarantee condition as stated by the Complainant.

The Complainant specifically pleaded and led evidence to the effect that the disputed goods were up to the standard and it was of very poor quality. The said allegation of the Complainant stands unchallenged and un-discarded in as much as the OP did not contest the case and it was heard ex-parte. The Complainant also filed document to show that a sum of Rs.2390/- was charged against the said goods and the Complainant paid price for the same. Annexures- C &D project that the Complainant lodged complaint to the effect that the quality of the material was not adequate, so wanted to return the items as per the return policy.

Further documents like Annexure-D also discloses that the OP admitted that it is unfortunate that the Complainant was not satisfied with the purchase. Annexure- D/1 further reveals that the OP agreed to repay the said money within 5/7 days. Annexure- E also projects that the email submitted by the Complainant with a warning to take recourse of Law in the event of goods are not returned. The other documents like Annexures- E-1 and F-1 also supports the claim of the Complainant. The document also discloses that the OP was given reasonable time for Redressal of the grievance of the Complainant which remained not meted out. Therefore the misdeeds on the part of the OP tantamounts to deficiency in service by the OP which caused mental pain and agony to the Complainant. Accordingly, the Complainant had no alternative but to file the instant case.

Thus after assessing the entire pleadings of the Complainant and the evidence on record I am of the view that the Complainant successfully proved the allegation against the Complainant as well as the instant case. The entire pleadings as well as the evidence on record could not be controverted by the OP because the OP preferred not to contest the case. Consequently the complaint case succeeds ex-parte with cost.

Hence, it is

Ordered

That the complaint case be and the same is allowed ex-parte with cost of Rs.10,000/-.

The OP is directed to pay a sum of Rs.2,390/- towards the cost of materials with an interest of 6% per annum from 02.09.20 till the date of payment, Rs.20,000/- towards mental pain and agony, Rs.10,000/-  towards cost of litigation within 30days from the date of passing order failing which the OP shall pay interest @ 6% per annum on the awarded sum from the date of passing Final Order till the date of realisation thereof. In the event to failure to comply with the award by the OP the Complainant is at liberty to execute the Final Order as per the provision of Law. 

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order be also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.