i. One Banarsi Silk Katan Sise for an amount of Rs.6804/- (order ID-FL0223329795)
ii. One paneled Denim Jaket of Rs.3464/- (order ID-FL0225586576)
iii. One Graphic Print Crew-Neck T-shirt an amount of Rs.1259/- (order ID-FL0222864983)
iv One Rebel Graphic Print Crew T-shirt an amount of Rs.844/-(order ID-FL0222864983) and
v. One printed short hoodie an amount of Rs.2624/0 (order ID-FL0222864983)
OP successfully delivered the abovesaid product on the given address of the complainant but OP did not deliver the product as per order of the complainant and delivered the products of inferior quality. Complainant approached the OP to take return back the abovesaid product and the OP successfully get returned the abovesaid product from the complainant and received the same and issue 3 return ID numbers (i.e.RT30021877 with Airway Bill no.R99713673AJI, RT30380062 with Airway Bill no.R100416896AJI &RT30085527 with Airway Bill no.R99753122AJI) to the complainant and OP further assured the complainant the amount would be refunded/credited within seven days in the bank account of complainant i.e. account no.6711945876 of Kotak Bank, Branch Sector 12, Karnal IFSC code KKBK0000295 (which were already sent to the OP). But even after the lapse of 3 months, the OP did not refund amount and have failed to credit the same in the bank account of the complainant. Complainant requested the OP several times for refund of the abovesaid amount but OP failed to refund the same. Then complainant sent a legal notice dated 21.04.2021 to the OP but it also did not yield any result. In this way, there was deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.
2. On notice, OP did not appear and proceeded against exparte, vide order dated 01.12.2021 passed by this Commission.
3. Complainant has tendered into evidence his affidavit Ex.CW1/A, emails sent by OP at the of order Ex.C1 to Ex.C3, email sent by OP, at the time of return back of product confirmation Ex.C4 to Ex.C6, legal notice dated 21.04.2021 Ex.C7, postal receipt Ex.C8 and closed the evidence on 04.02.2022 by suffering separate statement.
4. We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.
5. Learned counsel for the complainant argued that complainant had purchased some products through online App of the OP for an amount of Rs.14,995/-. OP had delivered the product on the address of the complainant but OP delivered the products of inferior quality. Complainant returned back the product to OP and the OP successfully eceived the same but OP failed to credit the amount of Rs.14,995/- in the bank account of the complainant. Complainant requested the OP several times for refund of the abovesaid amount but OP failed to refund the same.
6. To prove his case, complainant has placed on record his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C8. It is evident from the emails Ex.C1 to Ex.C6 that complainant purchased and returned back the alleged items to the OP but OP failed to refund the amount of the complainant. To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same. Hence, it is well proved on record that OP has failed to refund the amount of complainant after receiving the items.
In view of the above discussion, the act of the OP amounts to deficiency in service and unfair trade practice. Hence, OP is liable to refund the amount of Rs.14,995/- alongwith compensation for harassment, mental agony and litigation expenses to the complainant.
7. In view of the above discussion, we allow the present complaint and direct the OP to pay Rs.14,995/- to the complainant with interest @ 9% per annum from the date of deposit of the same till its realization. We further direct the OP to pay an amount of Rs.5,000/- as compensation for harassment and mental agony and Rs.3300/-towards litigation expenses to the complainant. This order shall be complied with within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.
Announced
Dated:14.03.2022
President,
District Consumer Disputes
Redressal Commission, Karnal.
(Vineet Kaushik)
Member
