Orissa

Cuttak

CC/77/2023

Pritam Kumar Jena - Complainant(s)

Versus

Managing Director,AJIO,C/o Reliance Retail Ltd - Opp.Party(s)

B K Sinha & associates

11 Jul 2023

ORDER

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

C.C.No.77/2023

 

          Pritam Kumar Jena,

           S/O:Bijay Kishor Jena,

           At:Pithapur,P.S:Badambadi,

           Cuttack-753001.                                                        ... Complainant.

 

          Vrs.

 

1.      The Managing Director,

                          Ajio,C/o: Reliance Retail Ltd.,

                          Wj88+P54,29^th  Main Rd.,

                          Old Mandiwala Jay Bheema Nagar,1^st Stage,

                           BTM1^stStage,Bangaluru,Karnataka-560068. 

 

2.        The Manager,

Ajio,C/o: Reliance Retail Ltd.,

Shop No.E149,E150A,Ground Floor,Mall of India,

Plot No.M03,Sector-18,Noida,UP-201301.             

 

3.        The Manager,Customer Care Office,

 Ajio,C/o: Reliance Retail Ltd.,

 SS Plaza,74/2 Outer Ring Rd,29^th  Main Rd.,

                            BTM1^stStage,BTMLayout,Bangalore,

                            Karanataka-560068.                                                  ....Opp. Parties.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:    10.03.2023

Date of Order:  11.07.2023

 

For the complainant:                   Mr. B.K.Sinha,Adv. & Associates.

For the O.Ps              :                     None.

 

Sri Debasish Nayak,President.

Case of the complainant as made out from the complaint petition in short is that he had indented for two number of T-shirts through online website AJIO.com/the O.Ps with order no.FN3081209048 dt.24.3.2022 for a price of Rs.4619.16.  The complainant received a parcel on 29.3.2022 and to his dismay after opening the said parcel he found that there were some dirty Rags instead of the two T-shirts for which he had paid money.  Immediately he had brought the same to the notice of the O.Ps and had subsequently sent legal notice to that effect even.  Since because the O.Ps remained silent, he had to file this case before this Commission seeking from the O.Ps cost of the two number of T-shirs for which he had paid the price to the tune of Rs.4619.16p together with a sum of Rs.80,000/- towards his mental agony and harassment and further a sum of Rs.60,000/- towards his litigation expenses.

          Alongwith his complaint petition he has annexed copies of several documents in order to prove his case.

2.       Having not preferred to contest this case, the O.Pswere set exparte vide order dt.28.4.2023.

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.Ps and if the O.P has practised any unfair trade ?

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

 

 

Point no.ii.

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

After going through the available copies of documents on record, it is noticed that infact the complainant had asked the O.P for purchasing two number of T shirts by paying a sum of Rs.4619.16p on 24.3.2022.  The complainant received a parcel on 29.3.2022 from the O.Ps which contended only dirty rags instead of the two number of T shirts.  Thus, such act of the O.Ps definitely indicates the deficiency in their service and practice of unfair trade.  This issue is thus answered in favour of the complainant.

Points no.i& iii.

From the discussions as made above, the case of the complainant is maintainable and complainant is thus entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

The case is allowed exparte against the O.Ps.  The O.Ps are directed to refund to the complainant the cost of the two number of T-shirts i.e Rs.4619.16p alongwith interest thereon @ 12% per annum from 24.3.2022 till the total amount is quantified. The O.Ps  are also directed to pay the complainant a sum of Rs.80,000/- towards compensation for the mental agony and harassment caused to the complainant as well asa sum of Rs.60,000/- towards his litigation expenses.  This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 11^th day of   July,2023 under the seal and signature of this Commission.          

                                                                                                                       Sri Debasish Nayak

                                                                                                                                 President

                     

 

                                                                                                     Sri Sibananda Mohanty

                                                                                                               Member