D.O.F:27/06/2023

                                                                                                         D.O.O:08/12/2023

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, KASARAGOD

CC.193/2023

Dated this, the 08^th day of December 2023

PRESENT:

SRI.KRISHNAN.K                          : PRESIDENT

SMT.BEENA.K.G                               : MEMBER

Balachandran R, aged 63 years

S/o Ramakrishna Rao

Bramarambika House

Baradka, Peradala Post, 671551.

Badiadka Village, Kasaragod.

                                                                                                                      : Complainant

                                                                           And

1. The Proprietor

5G Shopee

Ukkadam Town Hall

Nazz Theater Backside

Aradhana Lodge

Coimbatore - 641002.

2. Franch Express

51/28 AB

Diwan Bahadoor Road

R S Puram, Coimbatore – 641002.                                            : Opposite Parties

ORDER

SMT.BEENA.K.G : MEMBER

            The complainant is a senior citizen and ex-serviceman of IAF.  The complainant placed order for jeans pant worth Rs.800/- through online with opposite party No.1 on opposite party site.  The article ordered have door delivery to the purchaser’s address.  The complainant had booked the jeans pant on 25^th April 2023, since he has to attend the marriage function of his relative.  The opposite party has sent the article through courier service which has no delivery service in the locality of the complainant’s residence area.  The opposite party No.2 contacted the complainant through telephone to take delivery of the article from Kasaragod, at about 25 kilometers away from the residence of the complainant.  The opposite party No.1 failed to perform his duty as stated in the online site that the article would be delivered to the address given in the order form.  The opposite party No.2 returned the article without delivering it to the complainant.  The complainant had undergone loss and mental agony due to the deficiency of service on the part of opposite parties.  Though the complainant had lodged complaint before opposite parties, they did not respond so far.  The complainant claims Rs. 50,000/- for mental agony and financial loss. 

            The notice of opposite parties tracked and seen it is served.  Name of opposite party called absent, set exparte.  The complainant filed proof affidavit.  The photocopy of the payment receipt of Rs.800/- is marked as Ext.A1 and the receipt of the complaint lodged by the complainant to opposite party is marked as Ext.A2. 

The issues raised for consideration are;

1. Whether there is any deficiency in service on the part of opposite party?
2. Whether the complainant is entitled for relief?
3. If so, what is the relief?

The complainant who is an ex-serviceman placed order for jeans pant worth Rs.800/- through online with opposite party No.1 on the online site of the opposite party.   Ext.A1 is produced to prove the placement of order by the complainant to opposite party.  It was stated that the article ordered have door delivery in the given address.  The complainant booked the jeans pant on 25 April 2023, since he has to attend the marriage function of his relative.  The opposite party had sent the article through opposite party No.2, a courier service which has no delivery service on the locality of the complainant’s residence.  Even though opposite party No.2 telephoned the complainant to take delivery of the article from Kasaragod, it was about 25 kilometers away from the residence of the complainant.  The opposite party No.1 failed to deliver the article to the complainant as stated in the online site.  The opposite party No.2 returned the article without delivering it to the complainant.  The act of opposite party caused severe mental agony and loss to the complainant as he has to attend the marriage function of his relative.  The opposite party No.2 was bound to deliver the article to the addressee.   Due to the illegal act of opposite parties, the complainant suffered loss and agony.  The opposite parties are jointly and severally liable to compensate the loss suffered by the complainant. 

The claim of the complainant is Rs. 50,000/- for mental agony and financial loss which is excessive and without any basis.  Hence the Commission holds that an amount of Rs.5,000/- is a reasonable compensation in this case.  The complainant is entitled for litigation cost of Rs. 2,000/- also.

In the result, complaint is partly allowed directing opposite parties to pay a compensation of Rs. 5,000/- (Rupees Five thousand only) along with a litigation cost of Rs.2,000/- (Rupees Two thousand only) to the complainant within 30 days from the date of receipt of copy of this order. 

     Sd/-                                                                                                                   Sd/-

MEMBER                                                                                                      PRESIDENT

Exhibits

A1 – Photocopy of the payment receipt

A2 – Receipt of the complaint lodged by the complaint

     Sd/-                                                                                                                   Sd/-

MEMBER                                                                                                      PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

JJ/