O R D E R

By  Sri.P.K.Sasi, President

        The case of the complainant is that he has ordered a “Jack & Jones” branded yellow colour pant from the 1^st opposite party through their online shopping site. He has paid Rs.1,298/- and ordered the product on 22/08/15. It was delivered after 3 days. When it was tried by him it was found that the pant is not to his size. Hence he wanted to exchange the same. The complainant has contacted the 1^st opposite party and informed his intention to exchange the product. Then he was told that there is no such preferred size available with them. Then he requested for the refund as per the assurance given by the 1^st opposite party in their site regarding return back policy. The product was shipped back to the 1^st opposite party through the 2^nd opposite party on 5^th of September by following the instigation given by the 1^st opposite party. Then the product was tracked by the complainant and it was found that the product has reached their address without any problem that tracking ID also mentioned in the complaint.

        2)  When refund is detained unnecessarily, the complainant contacted 1^st opposite party then they raised some arguments and told that the product sent back by the complainant did not pass their quality test. Hence they cannot refund the amount. When the complainant resisted their argument strongly the 1^st opposite party offered the complainant to exchange with other products having the same brand name with his preferred size.  The complainant is not amenable for that since he has realized that the 1^st opposite party is cheating him through their false advertisements and assurances published in the site. Due to the illegal and irresponsible act of the 1^st opposite party the complainant happened to sustain severe mental agony and financial loss as well as heavy hardship. Hence this complaint is filed for getting compensation.

        3) On receiving complaint notice was issued to both the opposite parties whereas the 1^st opposite party even after accepting the notice neither appeared before the Forum nor submitted any version. Hence the 1^st opposite party set Ex-parte. The 2^nd opposite party appeared through counsel and filed detailed version. In their version they admitted that the complainant has booked an article to be delivered to the 1^st opposite party that was properly delivered to the addressee without any delay or defect. Therefore neither any deficiency in service nor any unfair trade practice happened on their part. The 2^nd opposite party further submitted that there is no cause of action against them and they are totally unnecessary party to this complaint. The 2^nd opposite party further submitted that the complainant is not entitled to get any compensation from the 2^nd opposite party and prayed for the dismissal of the complaint against them with cost.

        4) Then the case was posted for evidence and the points for consideration was that

                1) Whether there was any sort of deficiency in service

                    or unfair trade practice happened on the part of any

                    of the opposite parties ?

                2) If so, what cost and relief ?

        5) From the side of complainant he has appeared before the Forum and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced 3 documents which are marked as Ext. P1 to P3. Ext. P1 is the consigner copy given by the 2^nd opposite party; Ext. P2 is the track report downloaded from the site and Ext. P3 series (3Nos.) order details. The complainant and the 2^nd opposite party filed argument notes and we heard in detail also. According to the complainant he was cheated by the 1^st opposite party without providing proper product ordered by him and subsequently by without returning the cost of the product. There is no allegation from the side of complainant towards the 2^nd opposite party. It is admitted by the complainant that the article booked through the 2^nd opposite party is properly delivered to the addressee without any delay and defects. Therefore we are of the opinion that the 2^nd opposite party is an unnecessary party of this complaint hence exonerated.

        6) Since there is no contra evidence available from the side of 1^st opposite party we are inclined to accept proof affidavit filed by the complainant. If at all there was any contra evidence for the 1^st opposite party they ought to have been appeared before the Forum and submitted their version. The documents produced by the complainant would go to show that he has purchased the Jack & Johns Mustard yellow slim fit trousers from the 1^st opposite party by paying Rs.1,258/- on delivery he paid cash. Ext. P3 further goes to show a written request was communicated by the complainant and that was successfully processed by the 1^st opposite party. It also would go to show that the written request has been declined by the 1^st opposite party as did not meet their returns policy. It is submitted by the complainant in proof affidavit as well as in his argument that the 1^st opposite party has not returned either the cost of the product or replaced the preferred size as directed by the complainant. Considering the points discussed hereinabove we are of the opinion that the 1^st opposite party committed deficiency in service as well as unfair trade practice towards the complainant.

        In the result, we allow this complaint and the 1^st opposite party is directed to return Rs.1,258/- (Rupees one thousand two hundred and fifty eight only) with Rs.10,000/- (Rupees Ten thousand only) as compensation and cost of this complaint to the complainant within one month from receiving copy of this order. Failing which, the complainant is entitled to get 12% interest till realization.

        Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the     20^th day of May 2017.