IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Tuesday the 17th day of May, 2022.
Filed on 24.02.2022
Present
- Sri.S.Santhosh Kumar BSc.,LL.B (President )
- C.K.lekhamma, B.A.L, LLB (Member)In
CC/No.42/2022
between
Complainant:- Opposite parties:-
Sri. John Kuriyan, 1. Touch LCD House
Vilayil House 402, 1st Floor, Rajindra Jaina
Chunakkara Naduvil Tower, Wazirpur
Chunakara. P.O Commercial Complex
Alappuzha Behind Petrol Pump,
(Party in person) Ashok Vihar,
New Delhi-110052
(Exparte)
ORDER
SMT. C.K.LEKHAMMA(MEMBER)
1. Brief facts of complainants case are as follows:-
The complainant placed an order for an “LCD with Touch Screen For LYf Water 10 Black” with opposite party. The payment for this order Rs. 807/-(included shipping charges) made through online transaction on 15/1/2022 at 7.43.PM. The complainant alleged that the opposite party promised to shipping the product within 24 hours. Since the item ordered was not shipped as per the promised time hence the complainant requested the order cancellation, instead of the request they shipped the item on 19/1/2022.
The item delivered on 24/1/2022 but the same was not fit for complainants mobile. The matter was communicated to the opposite party and the order was called back for a payment refund. On 10/2/2022 the complainant has received an email from the opposite party, informing that he has been refunded with Rs.600/- only , instead of his actual payment of Rs. 807 + return postage of Rs.36/-, totaling Rs.843/-. The complainant alleged deficiency in service and he approached before the commission with a prayer for refund the actual cost of Rs. 843/- with interest and compensation for deficiency in service.
2. Points for determination are:-
1. Whether the complainant is entitled to get any refund from the opposite party?
2. Where there is any deficiency in service committed by the opposite party? If so what is the quantum of compensation?
3. Relief and cost?
Complainant appeared in person. He filed proof affidavit along with documents Ext.A1 to A4 were examined. Despite the receipt of notice opposite party remained absent, declared them exparte.
3. Points No.1 and 2:-
Ext.A2 order history revealed that on 15/1/2022 at 7.38.pm the complainant placed on order with the opposite party for the disputed product and the payment for the order of Rs.807/- including shipping charge, was made by the complainant through PTM transfer on the same day itself. In Ext.A1 described about the details of the product and terms of contract
As per the terms the product should be shipped within one day (24hrs). Ext.A3 evident that on 18/1/2022 the complainant requested to the opposite party that “ I have placed the order on 15th and so far I haven’t received any shipping details. You promised to ship the item within 24-48 hours from order date. Today I have tried many times to reach you over phone, but keeps getting recorded messages without any one picking the line.
Even for my emails none have responded so far. I am not at all happy with your way of doing business so you please refund my payment immediately.
Seemingly inspite of said request opposite party shipped the product on 19/1/2021 it is reflected in Ext.A2. The complainant alleged that the item was not fit for his mobile phone. The matter communicated to the opposite party and the order was called back for a refund. As per the evidence it seems that the complainant is spend Rs.807/- including shipping charge + return charge of Rs.36/- totaling Rs. 843/- instead of that refunded only Rs.600/- it is shown in Ext.A4.
The complainant’s case stands well sustained by the evidence put on by him. Opposite party has failed to abide the promise as they assured and did not take any attempt to refund the actual amount spend by the complainant. In the absence of contrary evidence and on account of unchallenged evidence we are of the opinion that the case of the complainant is believable and it is found that the opposite party had committed deficiency in service. Therefore the complainant is entitled to get refund of the amount Rs.843/- with interest, compensation for deficiency in service and cost of the proceedings from the opposite party.
4. Point No.2:-
Accordingly the complaint is allowed and direct as follows:-
1. Opposite party is liable to refund Rs.843/- with interest @ of 8% from the date of complaint till realization to the complainant.
2. Opposite party is liable to pay Rs.2000/- (Rupees Two thousand only) towards compensation for deficiency in service.
3. The opposite party is also liable to pay an amount of Rs.1000/-(Rupees one thousand only) towards litigation cost to the complainant
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 17h day of May, 2022.
Sd/-Smt. C.K.Lekhamma(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - True copy of M/s Touch LCD House Product messages
Ext.A2 - True copy of Order Information
Ext.A3 - True copy of Email
Ext. A4 - True copy of Whatsaap message
Evidence of the opposite parties:-
///True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
