By Sri. MOHANDASAN.K, PRESIDENT
The complaint in short is as follows:-
1. The complainant placed an order for a small size cloth through online cloth mart site called’ ‘Byfocals’ worth Rs. 599/- on 20-10-2020. He was delivered a cloth of large size fade one. The complainant send complaint through e-mails to the opposite party. The opposite party sent a reply regretting for the inconvenience and directed to sent back and also given an address. On 10-11-2020 the complainant returned the article through Indian postal service remitting Rs.110/-. But this time he was told that according to their policy they cannot replace the cloth but to refund the amount and accordingly they remitted an amount of Rs.499/- in to the wallet of the complainant. The complainant submitted that she is not able to release the amount from the bank but he can purchase an article worth Rs.499/-. The complainant in effect suffered a loss of Rs.200/- due to the default on the part of opposite party and the same was informed the opposite party through e mail. The reply of the opposite party was the reduction of 100/- rupees from the remitted amount was as part of realization of transporting expense. The refund amount of Rs.499/- was available in a cloth mart site of the opposite party called “ Purnoss” . The opposite party again sent reply through email regretting the inconveniences and also stated that the most quality product and service are given by them to the complainant.
2. Thereafter the complainant on 23-02-2021 placed an order for a blue cloth worth Rs.499/- before the “Purnoss” site. Again She was delivered an yellow coloured low quality cloth. The complainant again informed the opposite party and that time the reply from the opposite party was that they delivered best quality cloths on both occasions and the complainant has to satisfy with the received cloths.
4. The complainant alleges the opposite party did not deliver the ordered article and at last directed to satisfy with the delivered article and due to the unfair trade practice of the opposite party caused financial loss of 200/- rupees and also caused to spent Rs.750/-. The allegation of the complainant is that there is deficiency in service and also unfair trade practice on the part of opposite party and thereby the complainant suffered financial loss and inconveniences. She claims compensation of Rs.5000/- from the opposite party.
5. On admission of the complaint issued notice to the opposite party and the notice was served on opposite party but not turned to appear or represent the matter before the Commission. Hence the opposite party was called and set exparte.
6. The complainant filed affidavit and documents. Documents on the side of complainant marked as Ext. A1 to A3. Ext. A1 is complaint ie, grievance No.2787830 filed by the complainant before the opposite party on 17/06/2021. Ext. A2 is series of emails between the complainant and opposite party from 02-11-2020 up to 08-03-2021. Ext. A3 are two photo graphs of ordered and delivered cloths.
7. The case stands proved through the affidavit in lieu of evidence and documents filed by complainant. The communications and the photographs established the case of the complainant as genuine one. No doubt this is a pure case of unfair trade practice through the online market. There is deficiency in service also on the part of opposite party. The complainant had suffered financial loss and caused mental agony.
8. There is no contra evidence. The claim of the complainant stands proved. Hence we allow the complaint as follows:-
1) The opposite party is directed to pay Rs.5,000/- (Five thousand rupees only) to the complainant on account of unfair trade practice and deficiency in service and thereby caused financial loss and mental agony to the complainant.
2) The opposite party is also directed to pay Rs.3,000/- (Three thousand rupees only) to the complainant as cost of the proceedings.
The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the complainant will be entitled for interest on above amount at the rate of 12% per annum from the date of this order till realization.
Dated this 18th day of January, 2022.
