Punjab

Sangrur

CC/77/2019

Bhupesh Kumar - Complainant(s)

Versus

Club Factory India Pvt. Ltd. - Opp.Party(s)

Sh. Khushvir Singh

16 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                         Complaint No. 77

 Instituted on:   20.02.2019

                                                                         Decided on:     16.01.2023

Bhupesh Kumar @ Meshi, resident of C/o Bushera Karyana Store, Patran Road, Moonak, Tehsil Moonak, District Sangrur.

                                                          …. Complainant.     

                                                 Versus

1.             Club Factory India Pvt. Ltd. G4S, First Floor, Sector 6, Noida, Uttar Pardesh 201301 through its MD/GM.

2.             Xpressbees, Shop No. M-14, Main Market, Hans Raj Gupta Marg, Greater Kailash I, New Delhi 110048.

             ….Opposite parties. 

 

For the complainant  : Shri Khushvir Singh, Adv.              

            For OPs                     : Exparte.

Quorum                                           

Jot Naranjan Singh Gill, President

Sarita Garg, Member

Kanwaljeet Singh, Member

 

ORDER

SARITA GARG, MEMBER

1.             Complainant has approached this Commission alleging inter-alia that the OP number 1 is selling the product online and as such the complainant availed the services of the OPs by placing an order of 6 pair/set kids non slip floor socks having item number BGC000710408N on 9.2.2019 and the amount of Rs.287/- was paid by the complainant. It is further averred that thereafter  the complainant received the parcel and when it was opened he found that there is only one pair of the socks instead of six pairs, as such the above episode was brought to the notice of the OP number 1 through their customer care number, but nothing was done by OP number 1. As such, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to send five pairs of socks and further to pay an amount of Rs.25,000/- on account of compensation for mental agony, harassment and further Rs.33,000/- as litigation expenses.

2.             Record shows that the OPs were proceeded against exparte.

3.             The learned counsel for the  complainant has produced Ex.C-1 copy of description, Ex.C-2 affidavit, Ex.C-3 and Ex.C-4 copies of SMS, Ex.C-5 copy of bill and closed evidence.

4.             We have gone through the pleadings put in by  the complainant along with his supporting documents with his valuable assistance.

5.             Learned counsel for the complainant has argued vehemently that OP number 1 is selling the products online and as such the complainant availed the services of the OPs by placing an order of 6 pair/set kids non slip floor socks having item number BGC000710408N on 9.2.2019 and the amount of Rs.287/- was paid by the complainant. It is further contended that thereafter  the complainant received the parcel and when it was opened he found that there is only one pair of the socks instead of six pairs, as such the above episode was brought to the notice of the OP number 1 through their customer care number, but nothing was done by OP number 1 and as such the complainant has prayed for a direction to the OPs to send five pairs of socks and to pay compensation for harassment.

6.             After perusal of the whole case file, we find nothing on record that how the complainant is a consumer of the OP, as the complainant has not produced any bill/invoice showing the purchase of six pairs of shoes. Though the complainant has alleged Ex.C-5 being the copy of the bill, but the same is not the bill/invoice as nothing sort of such things have been mentioned therein.  There is no mention of amount of Rs.287/- which was allegedly paid by the complainant to the OP against order number S089283943 and further no bill/invoice mentioning order number S089283943 is on record.  As such, we find that the complainant has miserably failed to establish his case by producing iota of evidence that he ever placed any order for purchase of six pair of socks by paying Rs.287/- to the OPs. A bare perusal of document Ex.C-1 also does not support the case, as it is just an advertisement and not a bill. Further Ex.C-3 and Ex.C-4 also shows nothing to support the case of the complainant as the complainant has not produced on record any document to show that order number S089283943 was placed by the complainant.  Accordingly, we are of the considered opinion that the complainant has miserably failed to establish his case.

7.             So, in view of our above discussion, we dismiss the complaint of the complainant. However, the parties are left to bear their own costs.

8.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

9.             Copy of this order be supplied to the parties free of cost. File be consigned to the records.

                                Pronounced.

                                January 16, 2023.