DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
ISBT KASHMERE GATE DELHI
CC/40/2017
No. DF/ Central/ Date
Ankur Aeron
S/o Sh. Rakesh Aeron,
R/o House No. 19, Jatan, B-3,
Bijnor – 246701 (U.P.) …..COMPLAINANT
VERSUS
M/s Woodland India,
2168, Gurudwara Road, Opp. Post Office,
New Delhi – 110005
M/s Aero Club,
681, 2nd Floor, Near Pillar No. 536,
Village & Post Mundka, New Delhi – 110041 …..OPPOSITE PARTY
Quorum : Ms. Rekha Rani, President
Mr. R.S. Nagar, Member
Ms. Manju Bala Sharma, Member
ORDER
Ms. Rekha Rani, President
Sh. Ankur Aeron (in short the complainant) filed instant complaint under Section 12 of the Consumer Protection Act, 1986 as amended making therein the following submissions. Complainant placed an online order no. 2435621 on 01.12.2016 with OP for Rs. 3,095/- which OP accepted. Complainant had to cancel the said order due to personal reasons. OP assured refund of the said amount. Subsequently, complainant was informed that OP had held the amount as wallet deposit. However the amount was not refunded. Complainant had no alternative but to place another order to have the money adjusted. OP informed the complainant that the order in question had some technical problem on account of which complainant had to cancel the said order also. Complainant was advised to place fresh order to which complainant agreed but in the mean time customer care department official of OP1 used absurd language over telephonic conversation with the complainant. Complainant was not prepared for such vulgar conversation. So, he did not place any further order. He has sought direction to OP to refund him an amount of Rs. 12,494/-. He has also sought compensation amount of Rs. 62,494 with interest @ 12% per annum from the date of filing of the complaint for causing him mental agony along with litigation costs.
OPs contested the claim vide their reply. It is submitted that complainant placed orders online for a total sum of Rs. 12,494/- (Rs. 3,095/- on 12.01.2016, order Id-243561, Rs. 5,407/- on 20.12.2016 order Id-242476 & Rs. 3,992/- on 22.12.2016 order Id- 248612). It is stated that first order was placed on 12.01.2016. It is also stated that complainant due to size, color and some quality issues cancelled the order and requested refund. It is also stated that respondents have refunded the said amount to the complainant on 16.03.2017.
Parties filed evidence by way of affidavits. We have heard complainant in person. During the course of arguments, complainant stated that the OP had refunded an amount of Rs. 12,494/- to him in May, 2017. His grievance is that the said amount was paid to him only after filing of the instant complaint. Since the complainant was forced to file the instant complaint with a view to recover his money, he needs to be compensated suitably. In the facts and circumstances of the case, he is allowed compensation of Rs. 3,000/- and litigation cost of Rs. 2,500/- as he is appearing in person. The amount should be paid within four weeks of the date of receipt of the order failing which it shall carry interest @ 9% per annum from the date of order till the date of payment. Copy of this order be sent to the parties as statutorily required. File be consigned to record room.
Announced this Day of 2018.
