| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA C.C. No.15 of 12-01-2021 Decided on : 30-08-2022 Varun Bansal aged about 30 years S/o Devinder Pal Bansal R/o H. No.124, St. No.3, Green Avenue, Bibi Wala Chowk, Bathinda, Punjab-151001. ........Complainant Versus 1.India Cakes Pvt Ltd. (www.indiacakes.com), Registered Office at G-18, Malti Towers Near Kiran Bungalow, Tarabai Park, Kohlapur-416003, Maharashtra. (Deleted) 2.India Cakes Pvt Ltd. (www.indiacakes.com), Corporate Office at F-07, 1st Floor, North Block, Sacred World Mall, Wanowrie, Pune-411040, Maharashtra. .......Opposite parties
Complaint under Section 35 of the Consumer Protection Act, 2019 QUORUM Kanwar Sandeep Singh, President. Smt.Paramjeet Kaur, Member Present For the complainant : Sh.Varun Bansal in person. Opposite party No.1 : Deleted. Opposite party No.2 : Ex-parte. ORDER Kanwar Sandeep Singh, President The complainant Varun Bansal (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 before this Commission against India Cakes Pvt Ltd. and other (here-in-after referred to as opposite parties). Briefly stated the case of the complainant is that on 4.12.2020 at approx. 4:00 P.M, he placed one order on the website of opposite parties vide order id 504489-Fazilka having item named as Chocolate Photo Cake Half Kg. and paid Rs.900/- vide transaction id 11752740303/0246065550 from his netbanking of PNB account. It is alleged that no confirmation had been given to the complainant regarding his placed order. He immediately contacted opposite parties via live chat option over their website and some reprenentative named as Sunita conversated with him and provided him order id and confirmed his order. He sent the photo of his in-laws at approx. 4:12 P.M. on same day vide e-mail to opposite parties to get it publish on the ordered cake by mentioning his order number alongwith delivery timings i.e 6:30 P.M. Opposite parties made call to the complainant and told him that his payment is pending for the order, so order has not confirmed yet. He told that he has done the payment successfully. Opposite parties asked the complainant to provide the screenshot of the payment done by him via e-mail. He contacted opposite parties over their live chat option at 4:47 P.M on same day and Mr.Rohit contacted him and complainant asked his order status. Mr.Rohit stated that order is confirmed and it will be done today, but after few minutes, he changed his words and told that payment is not done. The complainant asked him that how his order has been confirmed then, but Mr.Rohit immediately stopped replying him. The complainant immediately shared his payment/transaction screenshot over e-mail id of opposite parties at 4:56 P.M on same day and requested them to deliver his cake immediately at his in-laws house. It is further allegd that once again, opposite parties made call to the complainant at 5:24 P.M from their calling number i.e 7020891660. Due to no other option and helplessness, the complainant once again made payment of Rs.900/- to opposite parties at 5:40 P.M on same day, so that his reputation can be saved in the eyes of his in-laws by delivering the cake on accurate time in anniversary party. Even he sent e-mail to opposite parties regarding the same as intimation and requested that he has made payment once again, please deliver cake today itself on time and my earlier payment of Rs.900/- be refunded as per commitment. The delivery time of the cake was 6:30 P.M as per commitment. So, again at 6:20 P.M on same day, he contacted opposite parties over the live chat option. This time again, Mr.Rohit contacted the complainant. The complainant provided his order id with amount details and asked about the order status. The reply given by Mr.Rohit was very shockful and depressive for the complainant. He again stated that 'Payment not done'. The complainant received very huge shock this time and he replied that 'Sir what is going on, I have made the payment on your request and also received the mail regarding order conformation'. Upon this, opposite parties replied that 'O.K, your order will be done today before'. The complainant asked about his earlier payment, representative of opposite parties stopped replying him. It shows their malafide intention. It is further alleged that the cake was delivered at the complainant's in-laws house at 9:00 P.M night that was against the rules and commitment. The commitment was for 6:30 P.M, but opposite parties intentionally delayed the order and left the complainant in lurch to give more money for single order. The marriage anniversary event was scheduled at 6:30 P.M in complainant's in-laws house, but the cake was delivered at 9:00 P.M. Again on 8.12.2020 at 01:07 P.M, the complainant contacted opposite parties for his refund status. Ms.Shweta stated that 'Can we deliver cake today'. This reply was again very much shocking. The complainant again requested with the full event details. She told that order has been delivered, they have received payment once for his order. She also stated that transaction failed at bank end. Please check with his bank. The complainant told that the bank has confirmed that payment has been credited in the company's side twice. Upon this, she stopped replying him. On the same day at 1:40 P.M, after undue harassment, the complainant sent e-mails to opposite parties on their e-mail id's and thereafter he also sent e-mails on 18.12.2020 at 3: 04 P.M and 03:16 P.M and on 24.12.2020 at 5:24 P.M and narrated all the story, but to no avail, rather opposite parties sent coupon in place of refund. On this backdrop of facts, the complainant has filed this complaint with the prayer for directions to opposite parties to refund amount of cake to the tune of Rs.900/- due to 3 hours intentionally late delivery of photo cake alongwith 18% interest w.e.f. 4.12.2020 till realization; refund an amount of Rs.900/- instead of coupon which was taken twice illegally by opposite parties from him alongwith 18% interest w.e.f. 4.12.2020 till realization and pay compensation to the tune of Rs.50,000/- and litigation expenses to the tune of Rs.20,000/-. In view of statement suffered by counsel of complainant on 11.10.2021, name of opposite party No.1 was deleted from the array of opposite parties. Upon notice, none appeared on behalf of opposite party No.2. As such, ex-parte proceedings were taken against it. In support of his complaint, complainant has tendered into evidence his affidavit dated 4.1.2021, (Ex.C1) photocopy of transaction copy, (Ex.C2); photocopies of conversations, (Ex.C3, Ex.C5, Ex.C11, Ex.C12, Ex.C14, Ex.C15 and Ex.C17); Photocopies of e-mails, (Ex.C4, Ex.C6, Ex.C8, Ex.C10, Ex.C13 and Ex.C16); Photocopy of call detail, (Ex.C7); Photocopy of transaction slip, (Ex.C9) and Photocopy of coupon, (Ex.C18) and closed the evidence. We have heard complainant and gone through the file carefully. The complainant has reiterated his stand as taken in his pleadings as detailed above. We have given careful consideration to these submissions. Since, all the allegations of the complainant are un-rebutted, un-challenged and no one has come forward to contest his claim. We have no alternative except to appreciate the complaint as well as the evidence of the complainant, which appears to be cogent, reliable and trustworthy. As per complainant, he placed an order on the website of opposite party No.2 vide order id 504489-Fazilka having item named as Chocolate Photo Cake Half Kg. and paid Rs.900/- from his PNB account on 4.12.2020. Account statement, (Ex.C2) proves this fact. Opposite party No.2 did not deliver the cake at the address given by the complainant on the plea that it has not received money for delivering the cake. Perusal of chat transcript, (Ex.C3) reveals that order was placed by the complainant on 4.12.2020 at 4:05 P.M and order number was given by opposite party No.2 at 4:07 P.M. Perusal of chat transcript, (Ex.C5) reveals that order was confirmed by opposite party No.2 at 4:49 P.M, but thereafter opposite party No.2 replied that payment is not done. Perusal of Ex.C8 reveals that the complainant again sent Rs.900/- to opposite party No.2 on 4.12.2020 at 5:35 P.M. Vide Ex.C9 and Ex.C11, opposite party No.2 assured to do the order before 8:00 P.M, but as per e-mail, (Ex.C13), cake was delivered at 9:00 P.M. Perusal of documents, (Ex.C10, Ex.C12 to Ex.C16) reveals that the complainant asked for refund of Rs.900/- time and again. Further perusal of document, (Ex.C17) reveals that opposite party No.2 sent coupon to the complainant in place of refund of Rs.900/- and further vide e-mail, (Ex.C18) it noted that the coupon code is valid for desktop and mobile sites and entire amount of coupon code should be used only once. The complainant has sent number of e-mails and made conversation with opposite party No.2 and told it that he has already done payment of cake and asked to refund him money back. Emails, (Ex.C6, Ex.C10, Ex.C13 and Ex.C16) and conversations, (Ex.C11, Ex.C12, Ex.C14 and Ex.C17) prove this fact. Later on, opposite party No.2 informed the complainant vide e-mail dated 24.12.2020, (Ex.C18) that it has sent him coupon of Rs.900/-, but the complainant told them that he needs money refund not coupon vide chat transcript, (Ex.C17), but opposite party No.2 refused to refund him money back on the plea that it does not have refund policy. This Commission is of the considered view that once order was confirmed then it should have been delivered in time, but opposite party No.2 has failed to do. Secondly, one one hand, opposite party No.2 stated that money was not received by it and again got deposited Rs.900/- from the complainant to deliver order and on other hand, opposite party No.2 sent coupon of Rs.900/- in place of refund of Rs.900/- to the complainant. This Commission is of the view that opposite party No.2 cannot force the complainant to accept coupon in place of refund of Rs.900/-. Conduct of opposite party No.2 itself proves deficiency in services and unfair trade practice on its part. So, we are of the view that non-delivery of cake in time and further non-refund of amount taken again for the same order is deficiency in services and unfair trade practice on the part of opposite party No.2. Thus, this complaint is partly allowed with Rs.5000/- as cost and compensation against opposite party No.2. Opposite party No.2 is further directed to refund an amount of Rs.900/- to the complainant. The compliance of this order be made within a period of 45 days from the date of receipt of copy of this order, failing which amount of cost and compensation as well as refund shall carry interest @ 9% per annum till realization. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record. Announced:- 30-08-2022 (Kanwar Sandeep Singh) President
(Paramjeet Kaur) Member | |
