IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 25th day of January, 2020.
Filed on 15-01-2019
Present
- Smt. Sholy P.R, B.A.L,LLB (President-in-charge)
- Smt.C.K.Lekhamma, B.A, LLB (Member)
In
CC/No.11/2019
between
Complainant:- Opposite party:-
Smt.Sreekala Mohan M/s Coderaft Solutions Pvt Ltd.
Sivakripa Shyam Sangini Textile Market
North of Kalikulam A Wing, 214-215, Surat
CMC9/238 Gujarat- 395010
Cherthala, Alappuzha-688524
O R D E R
SMT.SHOLY P.R (PRESIDENT-IN-CHARGE)
The case of the complainant in brief is as follows:-
On 07.12.2018 the complainant has purchased a Churidar material at Rs.649/- through a online shopping by cash on delivery from the opposite party. She has given the order in the site of the opposite party at the inference made by the opposite party that the said material is cotton fabric and the bottom is in pink colour. But the churidar material delivered by the opposite party is very cheap and it is not cotton fabric. There after the complainant called the opposite party through their mobile number and they told that there is no refund and replacement as against the condition offered in the website. Then the complainant sent e-mail to the opposite party for several times and the opposite party replied that the representative of the opposite party will communicate the complainant. But not yet responded. In the above circumstances the complainant filed this complaint seeking compensation for Rs.25,000/- due to the unfair trade practice committed by the opposite party.
Notice issued from this Forum in this case has been served on the opposite party and called absent and set exparte.
The complainant filed proof affidavit in lieu of chief-examination and got marked Ext.A1 to Ext.A6 documents and MO1 dress material.
According to the complainant she purchased MO1 dress material which is a churidar piece through on line from the opposite party by cash on delivery system. On seeing the collections of materials in the website of opposite party under the inference that the said materials are cotton in nature as explained by the opposite party in the website the complainant ordered the churidar piece of navy blue with pink bottom. But only on opening the packet contained Mo1 she realized that the Mo1 dress material is entirely different from which she ordered for purchase.
On perusal of the complaint proof affidavit and Ext.A1 to Ext.A6 documents and Mo1, it is clear that the complainant purchased MO1 through on line purchase from the opposite party and it is also evident from Ext.A3 to Ext.A5that the complainant ordered the dress materials of cotton Navy blue top with pink colored cotton bottom. It is also clear from the available evidence that by believing attractive offers made by the opposite party the complainant made online purchase with the opposite party. But it is clearly understand that the Mo1 material is purely polyester and not matched with the offer made in Ext.A3 to Ext.A5. in view of the materials available on record it is clear that the opposite party has played unfair trade practice and thus the complainant is entitled to claim compensation.
In the result complaint stands allowed. The opposite party is directed to pay Rs.5,000/- (Rupees five thousand only) as compensation and Rs.1,000/- towards the cost of this proceedings. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 25th day of January, 2020.
Sd/-Smt. Sholy P.R (President-in-charge) :
Sd/-Smt.C.K.Lekhamma (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Invoice dtd 02.12.2018
Ext.A2 - E-mail dtd 08.12.2018
Ext.A3 - Printout of dress material
Ext.A4 - Printout of facebook post
Ext.A5 - Printout of item details
Ext.A6 - E-mail dtd 11.12.2018
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Sa/-
Compared by:-
