Chandigarh

DF-II

CC/426/2020

Shobhita Singh - Complainant(s)

Versus

AJIO, C/o Reliance Retail Ltd. - Opp.Party(s)

Ravi Inder Singh

19 Oct 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

Shobhita Singh w/o Sh.Ravi Inder Singh r/o H.No.151, Sector 33-A, Chandigarh

                                ...  Complainant.

Versus

AJIO c/o Reliance Retail Limited, through its Director/Authorized Signatory Geeta Kalyandas Fulwadaya, 3^rd Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao, Mumbai, Maharashtra-400002

Email ID’s of OP: …. Opposite Party.

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainant are that she placed an order of 7 items vide Order No.FLO165998840 with the OP on 09.08.2020 and she opted the mode of payment as cash on delivery. The total amount payable to the OP was Rs.3809.47P after discount and GST.  The items were delivered one by one on various dates to the complainant as per receipts, Annexure C-2 (Colly.). It has further been averred that the total amount payable was Rs.3809.47 P to the OP, however, they have collected an amount of Rs.4979.98 P through various deliveries as per the details given in para 3 of the complaint.  In this manner, the OP alleged to have charged a sum of Rs.1170.51 P in excess against the total payable amount of Rs.3809.47P and the same has not been refunded to her despite writing e-mail dated 14.08.2020. Alleging that the aforesaid acts of omission and commission on the part of the OP amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.   
2.         Despite due service, the OP failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 15.07.2021.
3.         We have heard the Counsel for the complainant and have gone through the documents on record.
4.         In her evidence, the complainant has tendered into evidence her detailed affidavit in support of the averments made in the complaint along with the documents mentioned in the complaint.   She has also placed on record a photocopy of the order No.FLO165998840 vide which she booked the seven items with the OP for Rs.3809.47P including the GST.  She has specifically averred in her affidavit that the OP had delivered the aforesaid items through five invoices [Annexure C-3(Colly.]  as mentioned in para 3 of the complaint and charged Rs.4979.98P against the ordered price of Rs.3809.47P including of GST and as such they had charged a sum of Rs.1170.51P in excess illegally. This fact is also corroborated from the combined reading of Order No.FLO165998840 [Annexure C-1(colly.)]  and the invoices [Annexure C-3 (Colly.)].  Thus, the OP is proved to have charged a sum of Rs.1170.51 P in excess against the items, booked vide Order No.FLO165998840.
5.         Pertinently all the averments made by the complainant in the complaint have gone un-rebutted and uncontroverted as the OP has failed to contest the case despite due service. Non-appearance of the OP shows that they have nothing to say in its defence against the allegations made by the complainant. It is, thus, established beyond all reasonable doubt that the complaint of the Complainant is genuine.   Besides this, the OP had failed to redress her genuine grievance despite receipt of the e-mail dated 14.08.2020, Annexure C-4, resulting into immense, mental and physical harassment to her.   Thus, finding a definite deficiency in service on the part of the OP, we have no other alternative, but to allow the present complaint.
6.         In view of the above discussion, the present complaint deserves to be allowed against the OP and the same is accordingly allowed. The OP is directed as under:-

[i]            To refund a sum of Rs.1170.51P to the complainant.

[ii]           To pay Rs.1,100/- as compensation for mental agony & physical harassment to the complainant.

 [iii]         To pay Rs.5,500/- as costs of litigation.

7.         This order be complied with by the OP within 30 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) above shall also carry interest @ 9% per annum from the date of this order till its actual payment besides litigation costs.
8.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room