Haryana

Panchkula

CC/52/2015

ABHINAV AGGARWAL. - Complainant(s)

Versus

TODAY RETAIL NETWORK PVT.LTD. - Opp.Party(s)

COMPLAINANT IN PERSON.

09 Jun 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.                                                            

Consumer Complaint No	:	52 of 2015
Date of Institution	:	17.03.2015
Date of Decision	:	09.06.2015

                                                                                          

Abhinav s/o Sh.Arun Aggarwal, age 26 years, R/o Flat No.50, Transit Flats, Haryana Govt. Officers, Sector 12-A, Panchkula.

                                                                                          ….Complainant

Versus

 

1.       Today Retail Network Pvt. Ltd., Khasra No.94/1 (Near Luminous Warehouse), Firni Road, Mundka, Delhi, 110041 through its Manager/Managing Director.

2.       Rebok India Co. BY SSIPL RETAIL LTD., Village Bangran, Distt. Sirmor, Paonta Sahib (H.P.) through its Manager/Managing Director.

3.       Reebok India Company, 530/1, 3 & 4, Bijwasan, Opp. Ambedkar Colony, New Delhi-61.

                                                                                        ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Quorum:               Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

 

For the Parties:     Complainant in person. 

Ops already ex-parte.

ORDER

(Anita Kapoor, Member)

 

1. The complainant-Abhinav has filed this complaint under Section 12 of the Consumer Protection Act, 1986 against the Ops with the averments that he booked an order online for Reebok Lite Speed Shoes of Grey colour, Size No.8 on 31.01.2014 from BAGITTODAY.COM vide order No.33606040 against the payment of Rs.999/- vide COD (cash on delivery). The company promised the complainant that it would deliver the product within 3 to 4 days but the complainant received the box from the company on 06.03.2014 vide COD (cash on delivery). After paying the amount of Rs.999/-, the complainant opened the box and was surprised to see that the shoes were different i.e. the shoes were Reebok Swift Black shoes of Size No.7 instead of Reebok Lite Speed Shoes of Grey Colour, Size No.8 and it was no use for the complainant whereas on the bill, the Reebok Lite Speed Shoes of Grey colour, Size No.8 was mentioned. The complainant inspected the shoes thoroughly and found that the shoes which were delivered to the complainant were of ‘old stock of manufacturing date as February, 2011’. The complainant also found that the shoes were very old engulped with dust and of poor quality with 7 number sizes whereas the size of the foot of the complainant is 8 number. The complainant also registered his complaint on 06.03.2014 for refund of money. The complainant contacted the Ops telephonically and made emails dated 06.03.2014, 11.03.2014, 13.03.2014, 15.03.2014, 17.03.2014, 19.03.2014, 22.03.2014, 24.03.2014, 25.03.2014, 26.03.2014, 27.03.2014 and 01.04.2014 but to no avail. The complainant has also given complaint No.1434154 to the Ops but no constructive step was initiated by the Ops which act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. Notices were issued to the Ops through registered post. But none appeared on behalf of the Ops, it is deemed to be served. The Ops were proceeded against ex-parte vide order dated 24.04.2015.
3. The complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-6 and closed the evidence.
4. We have heard the complainant appearing in person and have also perused the record carefully & minutely.
5. It is evident that the complainant purchased online Reebok Lite Speed Shoes (2999), Size No.8 from BAGITTODAY.COM vide order No.33606040 (Annexure C-1) dated 31.01.2014 for an amount of Rs.999/- against the MRP Rs.2999/- vide COD (cash on delivery). The complainant alleged that after getting the product, the complainant opened the box and was surprised to see that the shoes were different i.e. the shoes were Reebok Swift Black shoes of Size No.7 instead of Reebok Lite Speed Shoes of Grey Colour, Size No.8 whereas in the bill, the Reebok Lite Speed Shoes of Grey colour, Size No.8 was mentioned (Annexure C-1). The shoes which were delivered to the complainant were of ‘old stock of manufacturing date as February, 2011 and registered his complaint on 06.03.2014 (Annexure C-2) for refund of money. The complainant contacted the Ops telephonically and made emails dated 06.03.2014, 11.03.2014, 13.03.2014, 15.03.2014, 17.03.2014, 19.03.2014, 22.03.2014, 24.03.2014, 25.03.2014, 26.03.2014, 27.03.2014 and 01.04.2014 (Annexure C-2 to C-4) but to no avail. The complainant has also filed his duly sworn affidavit (Annexure C-A).
6. In view of the fact that the Ops neither responded to the notice nor have they opted to controvert the precise cognizable averments made by the complainant having a very relevant bearing upon the adjudication of the grievance, the only distilled view is that the complainant has been able to prove the genuineness of the grievance that the Ops had committed deficiency in service, the manner whereof has been detailed in the complaint, as also the affidavit in support thereof.
7. The on-line business has progressed manifold in India.  That unique manner of business, hitherto to Indian market, is economically beneficial to the seller as also the purchaser.  At the same time, it imposes a liability upon the seller to ensure that the goods supplied are in accord with the order placed and further that the goods supplied are of marketable quality.  The number of complaints about the quality of goods supplied etc. has increased manifold in the recent past. The grievances proved indicate that some unscrupulous elements are inclined to make a fast buck by adopting unfair means i.e. by supplying goods not ordered or by supplying goods of inferior quality or the like. In cases wherein the grievance is upheld, the law must grant directions which stem the rot.
8. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Ops are directed as under:-

(i)      To replace the shoes of exact size as per order placed by the complainant or to return the amount of Rs.999/- alongwith 9% interest from the date of receipt and the complainant returned the shoes to the Op in compliance of the above.

(ii)     To pay an amount of Rs.5,000/- as compensation for mental agony, harassment and cost of litigation.

Let the order be complied with within a period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

Announced

09.06.2015           ANITA KAPOOR                            DHARAM PAL

                             MEMBER                               PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

                                          

                                                         ANITA KAPOOR

                                                          MEMBER