DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 650/2014
D.No.__________________________ Date: ________________
IN THE MATTER OF:
GAUTAM SINGH S/o LATE SH. ITWARI LAL,
R/o 146, UNITY APARTMENTS, POCKET-23,
SECTOR-24, ROHINI, DELHI-110085.… COMPLAINANT
Versus
YEBHI.COM C/o SHOP ONLINE TRADING PVT. LTD.,
40 MILESTONE, DELHI JAIPUR HIGHWAY,
NARSINGPUR INDL. AREA, PHASE-VII,
UDYOG VIHAR, GURGAON-122001. … OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 27.05.2014
Date of decision:21.09.2017
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainanthas filed the presentcomplaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the complainant received e-mails from Yebhi.com for sale of shoes with
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33% discount in December-2013 and the complainant gave first order on 04.12.2013 for Rs.1,666/- and 2nd order on 13.12.2013 for Rs.1,406/- and both the payments were made through credit cards and OP promised that items will be delivered within 6-8 days from the date of placing the orders. On 20.12.2013, OP informed the complainant that shoes costing Rs.1,666/- are not available with them and the amount has been refunded in wallet and on same day the complainant requested them to refund the amount in cash as Yebhi.com was defaulter but OP refused to refund the amount in cash and the complainant requested to City Bank also on 20.12.2013 not to pay the amount to OP as they cancelled the order but the complainant did not receive any reply. The complainant further alleged that for the 2nd order OP informed the complainant that the order in process which was a false statement and again they informed the complainant on 26.12.2013 that they are not able to process the order and the amount is refunded in wallet and the total amount of Rs.3,072/- is refunded in wallet and not in cash and the complainant requested them several times to refund the amount in cash and the complainant received a phone call on 31.12.2013 regarding refund and told the complainant that if requested within 30 days from placement of the order and the complainant can get refund in cash. The complainant told them that he has requested within 1 week and also told that even today
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only 15 days are over so refund the money but OP did not refund and forced the complainant to purchase another item. The complainant further alleged that the complainant tried to purchase again some pair of shoes but when the complainant opted for payment there was no option to pay from wallet and the complainant contacted to the call centre of OP and told them about the complainant’s problem and OP informed the complainant that if you purchase any item on discount, you have to pay cash in advance through credit/debit card only as these offers are available for prepaid orders and the complainant told them that the complainant has already paid Rs.3,072/- but they did not agree.
2. On these allegations the complainant has filed the complaint praying for refund of Rs.3,072/- paid by the complainantas well as compensation of Rs.75,000/- causing for harassment and has also sought Rs.10,000/- towards cost of litigation.
3. Notice to OP was issued through speed post for appearance on 05.11.2014. Notice to OP was served on 01.09.2014 as per track report. But none for the OP appeared on 05.11.2014 & 22.12.2014 and as such OP has been proceeded ex-parte vide order dated 22.12.2014.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant has placed on record copies of e-mail ID account issued by OP showing
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total balance of Rs.3,072/- and copies of e-mail communications.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notices of this case from this forum, the OP has kept mum and has not bothered to answer the case of the complainant. OP has also not refunded the amount which has already been paid by the complainant nor the OP has delivered the shoes booked by the complainant.
6. Accordingly, the OPis held guilty of unfair trade practice and deficiency in service.
7. Accordingly, the OPis directed as under: -
i) To refund to the complainant an amount of Rs.3,072/- as the amount already deposited in advance by the complainant.
ii) To pay to the complainant an amount of Rs.3,000/- as compensation including litigation cost towards mental agony and harassment caused to the complainant.
8. The above amount shall be paid by the OPto the complainant within 30 days from the date of receiving of this order failing which OP shall be liable to pay interest on the entire awarded amount @
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10% per annum from the date of receiving of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost a s per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 21st September, 2017.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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