Ld. Advocate(s)

                   For Complainant: Makbul Rahaman

                   For OP/OPs : None.

Date of filing of the case                  :14.03.2023

Date of Disposal  of the case            :13.10.2023

Final Order / Judgment dtd.13.10.2023

The pith and substance of the case of the complaint is that the complainant Soumya Banerjee placed an order with the OP, Manager Add Me Cart, Jai Stambh

(2)

Chowk, Opposite Gurh Gali, RAJAGARH Rajgarh MP India, Pin-465661. On 01.07.2021 one Onida  5 Star Fully  Automatic Top Loaded  Grey  Washing Machine for personally use through Add Me Cart vide order no. 711077327485 for Rs.9,990/- through Paytm, which was  deducted  from his bank  account of PNB bearing account no.0376010309264 despite placing  the order. The  complainant sent  an e-mail asking what about the said order. Thereafter,  on 16.07.2021 complainant  again sent one mail asking  how much  time will require  to get the order. In this way  the complainant again and again  sent different e-mails  to the OP on 16.07.2021, 30.08.2021 and on different dates against which the OP replied mail stating to wait for some time.  Having found no alternative the complainant sent one e- mail on 23.09.2021 stating that he came to know that the product  is out of stock.  So please refund the money. But no reply was given. Thereafter, the complainant  sent another mail stating that please cancel  the order and refund  my money. But he did not  get refund  of that order money. The OP sent an e-mail on 01.11.2021 stating inter-alia that  your refund is approved. You will get refund but despite that the complainant did not get refund of that order money. Thereafter, the OP did not give any reply.  Till 28.03.2022 no refund is made by the OP, so the complainant was compelled to take recourse of this Commission for redressal of his grievance. The cause of action for the present case arose due to refusal of the refund for Rs.9,990/-. The complainant prayed for an award of sum of Rs.9,990/- along with  interest  at the rate of 12%, Rs. 50,000/- for harassment and mental agony loss and damages  along with litigation cost.

OP initially contested the case but subsequently due to not filing W/V, the case was fixed for ex-parte hearing as per order no.6 dated 29.05.2023. Accordingly, the case is heard. Ex-parte against the OP.

The complainant  in order to substantiate  the case adduced  evidence in the form of affidavit in chief and also proved  some documents, as per annexure-1 to annexure-9.

Annexure-1 is the order placed by the complainant  with the OP dated 01.07.2021 for a sum of Rs.9,990/- for purchasing Ondia Washing Machine.

Annexure-2 proved that sum of Rs.9,990/- was deducted  from the account of the complainant  on 01.07.2021.

Annexure-3 is the billing address of the complainant.

Annexure-4,5,6, 7 and 8 are the different e-mails between the  complainant and the OP about not receiving , order goods and different conversions.

Annexure-9 is the Aadhar Card  of Soumya Banerjee.

The entire  evidence  of the complainant  stands  unchallenged  and undefended  in as much as the OP did not contest the case  by filing W/V and adducing  any evidence  on their behalf.

(3)

It is the evident from the unchallenged pleadings and evidence  of the complainant  that the complainant placed the order with the OP for a washing machine  and thereby  he paid Rs.9,990/- to the OP but the OP did not supply  the said good. So this default and failure on the part of the OP to supply the goods ordered tantamount to deficiency in service which caused mental pain and agony and harassment to the complainant.

On the basis of the aforesaid discussion and observation made here in above, the Commission comes to the findings that the case of the complainant stands proved ex-parte against the OP.

In the result the case succeeds ex-parte with cost.

Hence,

          It is

                                                Ordered

                                                                   that the complaint case no.CC/20/2023 be and the same is allowed ex-parte with cost of Rs.5,000/- (Rupees five thousand) against the O.P. The complainant do get award  for a sum of Rs.9,990/- (Rupees nine thousand nine hundred ninety) against the OP together with interest at the rate of 8% per annum from the date of 01.07.2021 till repayment against the OP, Rs.20,000/-(Rupees twenty thousand) towards  loss and damages  harassment  and mental agony and Rs.5,000/- (Rupees five thousand) towards  litigation cost. The OP Manager, Add Me Cart, Jai Stambh Chowk, Opposite Gurh Gali, RAJGARH Rajgarh MP India, Pin-465661 is directed to pay Rs.34,990/- (Rupees Thirty four thousand nine hundred ninety) to the complainant Soumya Banerjee within 30 days from the date of  the final order failing which the entire award  money shall carry an interest  of 8% per annum.

The case is passed of final institute.

D.A to note in trial register.

Let a copy of this final order be supplied to both the parties as free of costs.  

Dictated & corrected by me

 ............................................

                PRESIDENT

(Shri   HARADHAN MUKHOPADHYAY,)        ................ ..........................................

                                                                                                PRESIDENT

                                                                        (Shri   HARADHAN MUKHOPADHYAY,)

I  concur,

 ........................................                                                 

          MEMBER               

(NIROD  BARAN   ROY  CHOWDHURY)