Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 195
Instituted on : 28.03.2022.
Decided on : 08.08.2022.
Deepak Vashistha S/o Sh. Jai Bhagwan R/o H.No. 156F/14, Chunni Pura, Rohtak
………..Complainant.
Vs.
- Woodland, through its Manager, Aero Club, 857, Joshi Road Karol Bag, New Delhi-110005.
- Aero Club, Through its Manager, 681, 2nd Floor, Village & P.O. Mundka, near Pillar No. 536, Delhi-110041, Delhi(07)
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh. Sandeep Kumar Hooda, Adv. for complainant.
Opposite parties already exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that on 10.02.2022, complainant had ordered two pair of shoes vide order reference number 2389335 and 2389329 amounting to Rs.1797/- and Rs. 1977/- respectively from the official website of the opposite parties. On 14.02.2022, complainant received his parcel but he was shocked and surprised to see that pair of shoes received were different from the ordered one, which were very poor in quality and looks dull and old. On the same day i.e. 14.02.2022 as per return policy of the opposite parties, the complainant tried to return both pair of shoes through official website of opposite parties but the link of return request option on the official website was not working properly. Complainant also tried on toll free number of opposite parties i.e.18001033445 but no response was received from the opposite parties Complainant sent so many emails to opposite parties on their official email address and requested the opposite parties to initiate his return order and refund his amount. But opposite parties did not respond to the request of the complainant till date. As such, there is deficiency in service on the part of opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the amount of Rs.3774/-, Rs. 50,000/- as compensation and Rs.20,000/- as litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notices were issued to the opposite parties, not received back either served or unserved. As such, opposite parties were proceeded against exparte vide order dated 06.05.2022 of this Commission.
3. Learned counsel for the complainant in his evidence tendered affidavit Ex.CW-1/A, documents Ex.C1 to Ex.C3 and has closed his evidence on 16.06.2022.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. During the course of arguments, the complainant has admitted that the respondent officials have refunded the amount of Rs.3774/-. It is further pleaded that there is deficiency in service on the part of respondent when the complainant initially made a request on 14.02.2022 to return the article and also requested for refund the cost of product. It has been further pleaded by the complainant that he received a mail on 22.02.2022 from the respondent no.2. Through this mail it has been requested that the product be returned to respondent no.2 through courier services alongwith product and copy of invoice and its receipt. It is further pleaded that the courier charges upto Rs.150/- will be transferred in woodland e-valet. Meaning thereby the courier charges and other product charges will be transferred by the respondent no.2 in woodland e-wallet but this condition is against the natural justice. As such there is deficiency in service on the part of opposite parties and both the parties are jointly and severally liable for the same.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties jointly and severally to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.3000/-(Rupees three thousand only) as litigation expenses to the complainant within one month from the date of decision, failing which opposite parties shall be liable to pay interest @ 9% p.a. on the alleged amount of Rs.5000/- from the date of decision till its realization to the complainant.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
08.08.2022.
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Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
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Vijender Singh, Member.
