5BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.418 of 2022

      Date of Instt. 14.11.2022

      Date of Decision: 21.04.2023

Ashutosh Verma, aged 28 yrs, Son of Mr. Deepak Verma, resident of WR-429, Bania Mohalla, Basti Sheikh, Jalandhar.

..........Complainant

Versus

1.       V-Mart retail limited, Tauru Road, Near GITM woman, Collage,       Bilaspur, Gurgaon Gurugram Haryana 122413 (Through its     MD/Director)

2.       V-Mart, N Shanti Tower, Nakodar Road, Jalandhar-144001    (Through its Store Manager.)

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)                                

Present:       Complainant in Person.

                   OPs No.1 & 2 exparte.

Order

Jyotsna (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant did online shopping on V-Mart’s official app named V-Mart Retail. The complainant has been compelled to file the present complaint. The complainant purchased clothes from OP’s app on 28.10.2022 for her daughter aged 5 yrs and received the parcel on 31.10.2022 but they found some clothes are unfit to her daughter. The invoice number of the parcel is W017975-1022-INF and the order ID is 169531447. As per their return policy, complainant was eligible for return and complainant checked in their app and found there were two options available in the app to return the parcel i.e. First option was drop at store and Second option was home pick up. When complainant chooses home pickup option, app showed a message that your address was not eligible for pick up. As there was another option of drop at store, on 3 November 2022 complainant went to the store located at N Shanti Tower, Nakodar Road, Jalandhar-144001 to return the product but the employee who was on exchange counter named Shikhu behaved very rudely and used harsh words with complainant and denied to exchange the product and said returns are not accepted here. Another employee when came to know that the staff is arguing with complainant came out and assisted the complainant and assured him that he is dropping an email to company and parcel will be picked up within 24 hours from his address and complainant did trust on his words but parcel was not picked. Under the present circumstances, the complainant was left with no other option and as such, the present complaint filed with the prayer that the complaint of the complainant may kindly be accepted and OPs be directed to pay an amount of Rs.1398/- and further pay damages for mental tension, agony and harassment of Rs.25,000/- and Rs.5000/- as litigation expenses.

2.                Notice of the complaint was sent to OPs and accordingly, OPs No.1 & 2 appeared through its counsel, but failed to file written statement despite availing opportunities and none has appeared on behalf of them and ultimately OPs No.1 & 2 were proceeded against exparte.

3.                In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence alongwith affidavit.

4.                We have heard the the complainant in person and have also gone through the case file very minutely.

5.                The complainant purchased clothes worth Rs.1398/- from OP’s App through online on 28.10.2022 for his daughter aged about 5 years, which is evident from Ex.C-1 i.e. Tax Invoice, but after receiving the parcel on 31.10.2022, he found that the clothes were unfit to his daughter. As per return policy of OPs, two options were available on the App. One option was ‘drop at store’ and second option was ‘home pick up’. The complainant chose home pick up option but App showed the message that the address of the complainant was not eligible for pick up, which is evident from Ex.C-2. Since there was another option of drop at store, the complainant went to the store located at N. Shanti Tower, Nakodar Road, Jalandhar to return the product, but the employees present there denied to exchange the product and also refused to accept the returns and ensured the complainant that they will drop the email to company and parcel will be picked up within 24 hours from his address but the parcel was not picked up.

6.                In this complaint, the OPs despite appearing in the case did not file written reply and stopped appearing on following dates and ultimately proceeded against exparte. So, the version of the complainant remained un-rebutted and un-challenged, even then the same is required to glance very deeply.

7.                In view of the above detailed discussion, it is clear that the OPs have refused to accept the return of clothes despite their return policy, therefore, there is clear cut deficiency in service on the part of the OPs. Therefore, the complaint of the complainant is partly allowed and OPs are directed to pick up the return parcel from the given address of the complainant and refund Rs.1398/- alongwith interest @ 6% per annum from 28.10.2022 till date of payment. Further, OPs are directed to pay a compensation including litigation expenses of Rs.6000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

21.04.2023         Member                          Member           President