DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 91 of  2023

 

Smt. Tripti Rani Saha @ Tripti Saha,

W/O- Sri Rakesh Saha,

Srinagar, Milan Chakra,

Stadium Link Road, Near Kalibari 

P.O. Siddhiashram, P.S. A.D. Nagar,

District- West Tripura. .......Complainant.

 

-VERSUS-

 

1. The Proprietor, 

Haute Attire,

Bawan Bunglow Room 8, 

Bushra Park, Old Panvel,

Building No. 07, Panvel, Raigad,

Maharastra- 410206.

 

2. Shiprocket Courier Service,

416 Phase- III, Udyog Vihar, Sector- 19,

Gurugram, Hariyana- 122015.    .......Opposite Parties.

   

________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

 

C O U N S E L

 

 

For  the  O.Ps : Ex-parte.

 

 

F I N A L    O R D E R

1. This complaint is filed U/S 35 of the Consumer Protection Act, 2019 by Smt. Tripti Rani Saha of Milan Chakra, West Tripura here-in-after called the 'Complainant' against the Proprietor, Haute Attire, Raigad, Maharastra here-in-after called the 'O.P. No.1' and Shiprocket Courier Service, Gurugram Hariyana here-in-after called the 'O.P. No.2' alleging deficiency in service on the part of the O.Ps.

1.1 The fact of the complainant in short is that on 17.09.2023 the complainant booked one Green Kurti Palazzo Set-M amounting Rs.799/-, by cash on delivery from the O.P. No.1 through online vide order ID -FBS10629 dated 17.09.2023 and tracking ID: SRTC6751534027 was issued by the O.P. No.1. 

1.2 On 25.03.2023 the complainant received the parcel through courier service i.e., the O.P. No.2. After opening the parcel the complainant found the parcel was not same as ordered and a damaged & torn saree was delivered. The matter was informed to the O.P. through email and requested to the O.P. to take back the said parcel from the complainant and to refund the parcel amount of Rs.799/-. Again mail was sent to the O.P. on the next day but till today the O.P. no.1 neither gave response to the mails nor refunded the amount of Rs.799/-. 

1.3. Hence, this complaint before this Commission.

 

2. The case has been proceeding exparte against the O.P. vide order dated 29.01.2024.

 

3. The complainant submitted evidence on affidavit along with copy of booking reference with photo of the booked article, bill, copy of confirmation status, copy of the image of the delivered item,  copy of mails. 

 

Decision and reasons for decision:

4. From the documents submitted by the complainant we find that the complainant although booked one Green Kurti Palazzo Set, but she was delivered one old torn saree by the O.P. No.2 who worked as agent of the O.P. No.1. Hence, since the complainant purchased the item from the O.P. No.1 with a contract that the O.P. No.1 shall deliver the item to the complainant, and since the complainant did not receive the item as per contract and the O.P. No.1 inspite of receiving 2 emails request from the complainant  but took no action the O.P. No.1 is guilty of deficiency in service.

 

5. In the result, it is ordered that the O.P. No.1 shall return the amount of Rs.799/- with interest @ 7.5% P.A. from 17.09.2023, the date of booking. The O.P. No.1 shall also pay compensation to the complainant to the tune of Rs.10,000/- which is inclusive of litigation cost.  

 

6. The case stands disposed off. 

7. Supply copy of this Final Order free of cost to the parties.

 

Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR(SMT) BINDU PAL

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.

 

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.