Orissa

Cuttak

CC/34/2020

Deepak Ranjan Sarangi - Complainant(s)

Versus

M.D,Myntra - Opp.Party(s)

B K Sinha

04 May 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.34/2020

            Dipak Ranjan Sarangi,

            S/O:Krushna Ch. Sarangi,

            At:News7 Office,

            Nayak Building,Jhanjiri Mangala Gada,

             Badambadi,Dist:Cuttack.                                               ... Complainant.

 

          Vrs.

 

1.      Managing Director,Myntra Regst. Office,  3^rd floor,(A), Block,AKR Tech Palace,7th Mile

Krishna Reddy Industrial Area,Kudul Gate,

               Bangalore-560068

 

2.     Proprietor,Myntra Logistics Office,

Cuttack,C.D.A Sec-10,753014.                                            ...Opp. Parties.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing:    29.01.2021

Date of Order:  04.05.2023

 

For the complainant:                Mr. A.K.Samal,Adv. & Associates.

For the O.Ps              :                Mr. R.Panigrahi,Adv. & Associates.

 

Sri Debasish Nayak,President                        

Case of the complainant as made out from the complaint petition in short is that on 21.12.2019, the complainant had ordered through online a pair of shoes of Rs.1319/- from ‘Myntra’ vide order no.11288228676853-4380103, named as United colour of “Benton Company”.  On 25.12.2019 the shoes were received by the complainant but those were different shoes from “Aeropostale company shoes”.  It is for this, he had to file online complaint and had sent mails accordingly.  But inspite of several mails sent by the complainant the O.P never took back the shoes as sent which were of a different company which was in violation to the order as placed by the complainant.  It is for this, the complainant has filed this case claiming the price of the shoes as paid by him to the tune of Rs.1319/-, litigation cost to the tune of Rs.10,000/- and compensation of Rs.50,000/- together with another compensation towards his mental agony and suffering to the tune of Rs.25,000/-.

          In order to prove his case, the complainant alongwith his complaint petition has filed copies of certain documents.

2.       Out of the two O.Ps as arrayed in this case, by virtue of the memo filed by the complainant, O.P no.2 was deleted vide order dt.19.7.2022 and O.P no.1 having not preferred to contest this case has been set exparte vide order dt.19.7.22.

3.       The points for determination in this case are as follows:

                      i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P.?

iii.        Whether the complainant is entitled to the reliefs as claimed?

 

Point No.ii.

Out of the three points, point no.ii being the most pertinent one is taken up first for consideration here in this case.

On perusal of the averments of the complaint petition and with corroboration of the copies of documents as filed by the complainant, it is noticed that the complainant had placed online order for a pair of shoes by paying the price of Rs.1319/- on 21.12.19 from “Myntra” vide order No.11288228676853-4380103 which was named as United Colour of Benton Company but the shoes which were delivered to him on 25.12.19 were different pair of shoes from “Aeropostale company shoes” for which the complainant had made several attempts by lodging online complaint and sending mails to the O.P.  But to his dismay, the O.P had not taken back the different pair of shoes as provided to the complainant online nor had returned the consideration money of Rs.1319/- as paid by the complainant.  Thus, it clearly indicates that the O.P was deficient in his service.  Accordingly, this issue goes in favour of the complainant.

Point No.i & iii.

From the above discussions, it is the view of this Commission that the case of the complainant is definitely maintainable and he is entitled to the reliefs as claimed by him. Hence, it is so ordered;

                                  ORDER

The case is allowed exparte against the O.P.  The O.P is directed to refund the cost of the shoes as paid by the complainant i.e Rs.1319/-.  The O.P is also directed to pay a sum of Rs.50,000/- to the complainant towards his mental agony and harassment as well as a sum of Rs.10,000/- towards cost of his litigation.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 4^th day of May,2023 under the seal and signature of this Commission.          

                                                                                                                      Sri Debasish Nayak

                                                                                                                                 President

         

 

                                                                                                         Sri Sibananda Mohanty

                                                                                                                          Member