Date of Order : 31.03.2017
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund full price of the said saree along with 18% interest.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 5,000/- ( Rs. Five Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he had placed an order to supplied/delivery to opposite parties the saree which was being advertize on Television. The complainant was informed by opposite parties. That her order has been booked being order no. 968057117 dated 10.04.2015 and she was assured that the said saree will be delivered to her through Pvt. Courier. Thereafter, the complainant received a parcel bearing sub order no. 102792115 before taking delivery of the sais parcel she paid Rs. 1,199/- to delivery man vide annexure – 1.
The grievance of the complainant is that when she received the saree then she found that the same was not only defective but also of very inferior quality. Thereafter, she complaint to opposite party no. 1 who registered her complaint being complaint no. 130262385 and assured that her amount of Rs. 1,199/- will be refunded very soon.
The further grievance of the complainant is that despite her repeated request and legal notice vide annexure – 2 the opposite parties has not redressed her grievance.
From record it appears that when the registered notice dated 12.11.2015 were not returned then vide order dated 06.01.2016 the notice was declared valid and thereafter several opportunities were given to opposite parties for appearing and filing written statement and when they failed to do so they were debarred from filing written statement and the case was heard ex – parte.
It is needless to say that as the complainant has stated aforementioned fact on oath and there is no counter version of the opposite parties hence we have no option but to rely on the fact asserted by complainant which clearly disclose deficiency on the part of opposite parties. Who are severally and jointly responsible for such deficiency.
Hence we direct the opposite parties to return Rs. 1,199/- ( Rs. One Thousand One Hundred Ninety Nine only ) to the complainant which they have taken vide annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will have to pay 10% interest on Rs. 1,199/- ( Rs. One Thousand One Hundred Ninety Nine only ) till its final payment is made.
Opposite parties are further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the period of two month.
Accordingly this case stands allowed to the extent referred above.
Member President
