Chandigarh

DF-II

CC/364/2022

KHUSHBOO AGGARWAL - Complainant(s)

Versus

FABPIKS.COM, CLEARPRISE TECHNOLOGIES PVT LTD - Opp.Party(s)

06 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	364 of 2022
Date  of  Institution	:	26.04.2022
Date   of   Decision	:	06.06.2023

 

 

 

 

 

 

Khushboo Aggarwal d/o Sh.Ishwer Aggarwal, R/o 2027, Sector 15-C, Chandigarh 160015

 

             …..Complainant

 

Versus

Febpiks.com, Clearprise Technologies Pvt. Ltd., through its Manager/Authorized Representative, 306 & 306-A, 3^rd Floor, Suncity Success Tower, Golf Course Ext.Road, Sector 65, Gurugram 122005, Haryana. 

    ….. Opposite Party

 

BEFORE:  SMT.SURJEET KAUR     PRESIDING MEMBER 

                SH.B.M.SHARMA                 MEMBER

                       

Argued by : None for complainant

   OP exparte.

 

PER B. M. SHARMA, MEMBER

 

         Concisely put, the complainant on 9.4.2021 placed three orders with OP No.1 for the same Product i.e. Pond’s Oil Control Face Wash 100g (Pack of 2) and paid an amount of Rs.99/-, Rs.59/- and R.59/- respectively.  However, the OP failed to deliver the said products despite several request followed by legal notice dated 9.5.2021 & 7.7.2021 (Ann.C-4 & C-5), but to no avail.  Hence, this complaint has been preferred alleging the said act & conduct of the OP as gross deficiency in service and unfair trade practice.       

 

2]       The OP did not turn up despite service of notice, hence OP was proceeded exparte vide order dated 09.11.2022.

 

3]       Complainant led evidence in support of her contentions.

 

4]       We have gone through the entire evidence and documents on record.  

 

5]       It is well evident on record from Ann.C-1 to C-3 that the complainant on 9.4.2021 had placed orders with OP No.1 for the three Products namely  Pond’s Oil Control Face Wash 100g (Pack of 2) and paid an amount of Rs.99/-, Rs.59/- and R.59/- respectively. It is also proved from emails/communications (Ann.C-4 to C-7) sent by the complainant from 9.5.2021 to 8.8.2021 to the OP that the OP neither delivered the ordered products to the complainant nor refunded her the amount. Therefore, the deficiency in service and unfair trade practice on the part of the OP is clearly made out, which certainly has caused harassment loss to the complainant. 

 

6]       It is observed that the OP despite being duly served, failed to appear or come forward to contradict the allegations set out in the present complaint, which has raised a reasonable presumption that the Opposite Party has failed to render due service to the complainant and have nothing to contradict meaning thereby that the OP has duly admitted the claim of the complainant.  

 

7]       From the above discussion and findings, we are of the opinion that the deficiency in service and unfair trade practice has been proved on the part of the OP. Therefore, the present complaint is allowed with direction to the Opposite Party to refund the cost of the product i.e. 217/- to the complainant. The OP is also directed to pay a compository amount of Rs.2500/- to the complainant as compensation for deficient services and indulging in unfair trade practice, which also includes litigation expense.

         This order shall be complied with by the OP within a period of 45 days from the date of receipt of copy of this order, failing which the OP shall be liable to pay additional cost of Rs.5000/- apart from the above relief.           Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

6^th June, 2023                                                                        

Sd/-

 (SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER