Haryana

Panchkula

CC/198/2016

SUNIL SINGLA. - Complainant(s)

Versus

SATURDAY SUNDAY MEDIA INTERNET PVT.LTD. - Opp.Party(s)

SANJEEV K. UPPAL.

21 Nov 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA.                                                                            

Consumer Complaint No	:	198 of 2016
Date of Institution	:	27.07.2016
Date of Decision	:	21.11.2016

Sunil Singla S/o Late Sh. Hem Raj Singla, R/o House No. 146, Sector-12, Panchkula.                                                                                                                                                                                                           ….Complainant

Versus

1.       Saturday Sunday Media Internet Pvt. Ltd. Plot No. 581, Basement, Golf Course Road, Sector 43 Gurgaon Haryana 1220011, through its authorized representative.

                                                                                      ….Opposite Party

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

 

For the Parties:     Mr.Sanjiv K.Upal, Adv., for the complainant. 

                             Op already ex-parte.

 

ORDER

(Dharam Pal, President)

 

1. The complaint has been filed by the complainant-Sunil Singla with the averments that in the month of June 2016, the OP on its website Bookmyoffer.com offered branded shoes for a price of Rs. 1,199/- showing 81% discount on original price of Rs. 6,199/- on its website. Being attracted by the offer of the OP, the complainant placed an order for a pair of shoes on 23.06.2016 and made the payment of Rs. 1348/- (including the shipping charges of Rs. 99/-and the cash of delivery charges of Rs. 50/-). At the time of delivery of the product, the complainant was not allowed to open the parcel before making the payment and was told that it was company policy and in case the product was not the same, the complainant could get it replaced. The OP sent an email to the complainant about the electronic order confirmation no. 080467770387745. After opening the product, the complainant found that the delivered pair of shoes was defective & sub standard and also was different from the description given on the website. The complainant contacted the OP at registered Customer Support No. +91-8010001133 which was attended by one of their agents who guided the complainant for the refund process that to email the pictures of the defective product to the OP showing the defect in the product. The complainant did the same by sending an email dated 29.06.2016 and also requested the OP to send their representatives to collect the defective product from him and to refund the amount paid by him. The OP did not acknowledge the email dated 29.06.2016, and not even accepted any calls made to the Registered Customer Care Number thereafter. This act and conduct of the OPs amounts to deficiency in service on their part. Hence, this complaint.
2. Notice was issued to the Op through registered post. But none appeared on behalf of the Op. It was deemed to be served. The Op was proceeded against ex-parte vide order dated 05.09.2016.
3. The counsel for the complainant has tendered into evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-3 and closed the evidence.
4. We have heard the learned counsel for the complainant and have also perused the record carefully and minutely.
5. It is evident that after seeing the advertisement (Annexure C-1) the complainant on 23.06.2016 placed an order for a pair of shoes on 23.06.2016 and made the payment of Rs. 1348/-.  At the time of delivery of the product, the complainant was not allowed to open the parcel before making the payment and was told that it was company policy and in case the product was not the same, the product would be replaced. The OP sent an email to the complainant about the electronic order confirmation no. 080467770387745 (Annexure C-2). After opening the packet, the complainant found that the delivered pair of shoes was defective & sub standard and also was different from the description given on the website. The complainant contacted the OP at registered Customer Support No. +91-8010001133 which was attended by one of their agents who guided the complainant for the refund process that to email the pictures of the defective product to the OP showing the defect in the product. The complainant sent email on 29.06.2016 and also requested the OP to send their representatives to collect the defective product from him and to refund the amount paid by him (Annexure C-3). The OP did not acknowledge the email dated 29.06.2016, and not even accepted any calls made to the Registered Customer Care Number. The complainant has also filed his duly sworn affidavit (Annexure C-A).
6. Moreover, the Ops did appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against it. The non-appearance of the Ops despite notices show that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same are accepted as correct and deficiency in service on the part of the Op is proved.
7. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Ops are jointly and severely directed as under:-

(i)      To replace the shoes as described in the picture (Annexure C-1) or refund the sum of Rs. 1348/- charged from the complainant alongwith interest @ 9% p.a from the date of receipt of payment till realization.

(ii)     To pay an amount of Rs.5,000/- as compensation for mental agony, harassment and cost of litigation.

                             Let the order be complied with within the period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

 

ANNOUNCED

21.11.2016                 ANITA KAPOOR         DHARAM PAL

                                       MEMBER                 PRESIDENT

                                                                                      

 

Note: Each and every page of this order has been duly signed by me.

    

                                 

                                                         DHARAM PAL

                                                          PRESIDENT