Chandigarh

DF-II

CC/256/2015

Dr. Anita Malhotra - Complainant(s)

Versus

Times Internet Limited - Opp.Party(s)

In Person(Sameer Malik,Agent)

01 Sep 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	256/2015
Date of Institution	:	20.05.2015
Date of Decision	:	01.09.2015

 

                       

                  

 

 

Dr.Anita Malhotra, # 1152-B, Government Medical College Doctor’s Campus, Sector 32-B, Chandigarh

                   ...  Complainant.

 

Versus

Times Internet Ltd., Indiatimes Shopping, Plot No.391, Ecstasy IT Park, Udyog Vihar, Phase-3, Gurgaon-1222016

…. Opposite Party

 

BEFORE:  SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

 

Argued by: Complainant in person.

          OP exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.      In brief, the case of the complainant is that  she purchased a bouquet of flowers online vide order No.3004484625 on 30.01.2015 by paying Rs.760/- through credit card of her husband Dr.Samir Malhotra, which was to be delivered to her friend Dr.Vimal Bhadani, Pediatrician Katari Hills, Gaya Bihar on 07.02.2015 on his Sliver Jubilee Marriage Anniversary.  It has further been stated that the confirmation of the order was made on the website and the same was to be delivered in the morning of 07.02.2015 but the bouquet of flowers was not delivered by the OP.  It has further been stated that by not delivering the gift to her friend despite her repeated requests, the OP has caused tremendous mental agony to her as well as her friend for whom the gift was booked. Alleging that the aforesaid acts amounted to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant complaint.
2.      Notice sent for the service of the Opposite Party through registered post on 27.05.2015 was not received back served/unserved till date.  As the period of more than 30 days had passed, therefore, it was presumed that it had been duly served.  None appeared on behalf of the Opposite Party on the date fixed, hence it was proceeded against exparte vide order dated 01.07.2015.
3.      We have heard the complainant, in person, and have gone through the documents on record.
4.      In her exparte evidence, the complainant has placed on record  a copy of the credit card statement of her husband Sh.Samir Malhotra from which it is proved that the complainant has paid a sum of Rs.760/- to the OP.  The complainant has also placed, on record, her duly sworn affidavit reiterating the averments made in the complaint.    The complainant has further deposed in her affidavit that despite confirmation of the order on website, the same has not been delivered to her friend Dr.Vimal Bhadani, Pediatrician Katari Hills, Gaya Bihar on 07.02.2015 on his Sliver Jubilee Marriage Anniversary. Furthermore, the OP despite due service did not care to contest the case and, as such, it can be concluded without any hesitation that either it admits the claim of the complainant or has nothing to say in the matter.  In our considered view, non-delivery of the bouquet of flowers (gift) to Dr.Vimal Bhadani, Pediatrician Katari Hills, Gaya Bihar on 07.02.2015 on his Sliver Jubilee Marriage Anniversary despite its confirmation on the website and repeated requests of the complainant itself amounts to deficiency in service as well as indulgence into unfair trade practice on the part of the Opposite Party.
5.      In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The Opposite Party is directed as under ;-

1. To refund Rs.760/-  being the price of the bouquet of the flowers to the complainant. 
2. To pay Rs.3,000/- as compensation for  mental agony and harassment caused to the complainant
3. To pay Rs.2,100/- as costs of litigation.

This order be complied with by the Opposite Party, within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No.(i) and (ii) above shall carry interest @9% per annum from the date of this order till actual payment besides payment of litigation costs.

6.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

01.09.2015

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

Sd/-

(PRITI MALHOTRA)

MEMBER