Kerala

Thiruvananthapuram

CC/82/2022

Anand Krishnan P B - Complainant(s)

Versus

The Professional Curies - Opp.Party(s)

27 Oct 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

   SRI.P.V.JAYARAJAN               : PRESIDENT

SMT.PREETHA .G.NAIR           : MEMBER

SRI.VIJU.V.R                           : MEMBER

 

CC.NO.82/2022 (Filed on: 26/02/2022)

ORDER DATED: 27/10/2022

COMPLAINANT

Mr.Anand Krishna.P.B,

TC 14/1591 (1),

PRA-50, Krishnapadham, Padinjatil Lane,

Kumarapuram, Medical college.P.O,

Trivandrum - 695011

(Party in person)

VS

OPPOSITE PARTY

The Professional Couriers,

Ponnambalam Shopping Complex,

Kumarapuram, Medical College.P.O,

Trivandrum - 695011

(Exparte)

ORDER

SMT.PREETHA.G.NAIR  : MEMBER

1.       The complainant had approached the online shopping website “amazon.in” on 27/06/2021 from there he had purchased an Hindware 1000 m3/h Chimney. The complainant states that the price of the product was Rs.19,899/- and the product was delivered. But after opening the parcel to the utter shock and dismay the complainant perceived that the product was inappropriate and that in regards to the same the complainant contacted amazon who directed the complainant to return the product to the seller through a courier service. The complainant further states that on 26/07/2021, the complainant contacted the respondent’s concern in order to return the product back to supplier as the Amazon vendor delivered wrong product which was against the order specifications. Thereafter the complainant also states that he was shocked to see that the shipment details was missing in the opposite party’s tracker system and that the complainant could not track the shipment or get any updates after several intimations and follow ups the respondent concern informed the complainant that the product has been damaged completely. The complainant had paid a sum of Rs.4,000/- (Rupees four thousand only) to the respondent’s concern against the said service and the record of which is kept safe for the purpose of evidentiary value. The complainant again and again intimated the respondent by way of the telephonic conversation and by way of electronic mail conversation in order to solve the said issue. The respondents have miserably failed in providing right and proper service despite the complainant has paid the full amount to the respondent authority and thereby causing deficiency in service.

  2.     After accepting the notice the opposite party was absent. Hence opposite party set exparte.

3.       Complainant filed affidavit and documents Exts.P1 to P3 were marked.

4.Issues to be considered are :

1. Whether there is any deficiency in service on the part of the opposite party?

2. If so what is the relief and cost.

5.       Issues I & II

We perused relevant documents on record. Ext.P3 is the copy of legal notice sent to opposite party by complainant. Ext.P2 is the coy of consignment receipt issued by opposite party. Ext.P1 is the copy of order details and payment details which shows that the cost of product is Rs.19,899/-. According to the complainant the product was in appropriate and the complainant contacted amazon who directed him to return the product to the seller through a courier service. The complainant states that the respondent informed that the product has been damaged completely. The opposite party had not produced any evidence to disprove the case of complainant. The case of complainant was unchallenged. Hence we accept the evidence adduced by the complainant. By swearing an affidavit as PW1 and by marking Exts.P1 to P3, we find that the complainant has succeeded in establishing his case against the opposite party.

                  In view of the above discussions, we find that the act of opposite party amounts to deficiency in service.

                  In the result, complaint is allowed. The opposite party is directed to pay Rs.19,899/- (Rupees nineteen thousand eight hundred and ninety nine only) as the cost of product and pay Rs.10,000/- (Rupees ten thousand only) as compensation for the mental agony and pay Rs.2500/- (Rupees two thousand and five hundred only) as cost of the proceedings. Failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realization / remittance. 

                   A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

         Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 27^th day of October 2022.

                                                                               Sd/-

P.V.JAYARAJAN     : PRESIDENT

 

                                                                                        Sd/-

PREETHA .G.NAIR    : MEMBER

 

                                                                                              Sd/-

                                                                                         VIJU.V.R  : MEMBER

Be/

APPENDIX

CC.NO.82/2022

List of witness for the complainant

PW1                      - Ananad Krishna.P.B

Exhibits for the complainant

Ext.P1                   - Copy of order details

Ext.P2                   - Copy of consignment receipt

Ext.P3                   - Copy of legal notice dated 27/09/2021

List of witness for the opposite party          - NIL

List of Exhibits for the opposite party         - NIL

Court Exhibits                                            - NIL

 

                                                                                  Sd/-

                                                                            PRESIDENT