1.                     The brief history of the case of the complainant is that as per advertisement floated  by the OP.2 through TV and Net, he ordered a Saree of particular specification, colors and design with OP.2 during Feb., 2015 for Rs.1199/- and the complainant received the consignment on payment of Rs.1199/- at the courier point but on opening of the consignment, the complainant found that the Saree sent by the OP.2 was not according to the order placed by him as the color, design and specification were different.  It is submitted that the complainant contacted OP.2 through its various customer care people who advised to send back the consignment through OP.1 for refund of its price plus courier charges and accordingly the complainant sent back the consignment on 12.2.2015 through OP.1 on payment of Rs.420/- and intimated to OP.2 regarding return of Saree.  After a week when the complainant enquired about refund of money with OP.2, it replied that no such consignment is received and also advised to lodge complaint.  It is further submitted that after lodging complaint the OP.2 advised the complainant to send courier status and the OP.1 gave status report stating that the consignment has reached to OP.2 at Surat on 19.2.2015.  Further the OP.2 asked the OP.1 to intimate regarding contents in the consignment and the OP.1 on 15.5.2015 intimated to OP.2 that the consignment contains Saree but till date the OP.2 has not refunded the money of the complainant.  Thus alleging unfair trade practice on the part of the Ops, he prayed to direct the Ops to refund Rs.1199/- towards the cost of Saree plus Rs.420/- towards courier charges with interest @ 18% p.a. from 12.2.2015 and to pay Rs.15000/- towards compensation and costs to the complainant.

2.                     The OP.1 filed counter denying the allegations of the complainant but admitted that on 12.2.2015, the complainant had booked a consignment with OP.1 to Surat- 395010 Vide Consignment No.U991MO269109 on payment of Rs.420/- and the said consignment has been delivered at Surat- 395010 on 19.2.2015.  The OP also admitted that as per request of the complainant, he informed the OP.2 regarding delivery of consignment at Surat which contains one Saree.  With these and other contentions, denying any fault on its part, the OP prayed to dismiss the case of the complainant.

3.                     The OP No.2 also filed counter denying the allegations of the complainant and contended that the complainant placed order with OP.2 on 29.1.2015 for a particular Saree vide Order No.98191795 of worth Rs.1199/- and on receipt of said Saree, the complainant informed the OP that he has received a wrong product.  It is contended that on 10.2.2015 the Customer Care people advised the complainant to send back the product to which the complainant agreed and on 15.2.2015 the OP could know from the complainant that he has sent the product back through OP.1 vide AWb No.U991N0269109.  It is also submitted that the merchant had confirmed that it did not receive the consignment but on contact the complainant is not cooperating the OP to trace out the consignment. Thus denying any fault on its part, the OP also prayed to dismiss the case of the complainant.

4.                     The complainant and the Ops have filed certain documents along with affidavit in support of their cases.  Heard from the parties through their respective A/Rs and perused the materials available on record.

5.                     In this case, it is an admitted fact that the complainant placed an order with OP.2 on 29.1.2015 to purchase one Saree vide Sub Order No.98191795 worth Rs.1199/- and the complainant had received the consignment on payment of cost of the Saree at the courier point.  The case of the complainant is that the specification, colors and design of the Saree received by him were different as that was ordered and as per direction of Customer Care people of OP.2 he sent back the Saree to them through OP.1 on 12.2.2015 on payment of Rs.420/- towards charges and also intimated the facts to OP.2.  The OP.2 has further admitted that on 15.2.2015 he contacted the complainant and came to know that the complainant has sent back the product via OP.1 vide AWb No.U991N0269109.

6.                     The complainant stated that after a week of dispatch of consignment he enquired with OP.2 about refund of his money but they replied that they have not received back the consignment and advised to lodge a complaint.  In the counter, the OP.2 has stated that the complainant has not registered any complaint with them but on perusal of documents on record it was ascertained that the complainant has sent back the product to OP.2 on 12.2.2015 and has registered complaints many a times for which the OP.2 has granted different complaint numbers.  Half a dozen of reminders from the side of complainant and equal number of queries have been made by the Ops about the consignment.  Further the OP.2 has enquired with OP.1 who has replied that the consignment has been delivered at Surat-395010 on 19.2.2015.  Further the OP.2 has enquired with OP.1 about contents of consignment and the OP.1 has replied that the consignment contains one Saree.  The complainant has also intimated to OP.2 through email that the status received from the automated system of OP.2 shows receive back of product on 19.2.2015. Hence the contention of OP.2 that the complainant is not cooperating the OP.2 is far from belief.

7.                     From the above discussions it was ascertained that the alleged Saree was returned to OP.2 through OP.1 on 12.2.2015 and the OP.1 has delivered the same to OP.2 on 19.2.2015 at Surat- 395010 and the OP.1 also confirmed the OP.2 regarding delivery of the alleged consignment at Surat which contains one Saree.  From the different correspondences between the parties through email it was also ascertained that the consignment has been received at Surat by the OP.2 but in spite of several requests the OP.2 has not returned the cost of Saree at Rs.1199/- and the courier charges of Rs.420/-.  Non return of above amount by OP.2 in our opinion amounts to unfair trade practice and the complainant is entitled to get back Rs.1199/- plus Rs.420/- towards courier charges with interest @ 12% p.a. from 12.2.2015.  Further due to such inaction of the OP.2, the complainant must have suffered some mental agony and has come up with this case incurring some expenditure for which he is entitled for compensation and costs.  Considering the sufferings of the complainant, we feel a sum of Rs.3000 /- towards compensation and Rs.2000 /- towards cost of litigation will meet the ends of justice.

8.                     Hence ordered that the complaint petition is allowed in part and the OP.2 is directed to refund Rs.1199/- towards cost of Saree plus Rs.420/- towards courier charges with interest @ 12% p.a. from 12.2.2015 on the above amounts and to pay Rs.3000/- towards compensation and Rs.2000/- towards costs to the complainant within 30 days from the date of communication of this order.  No orders against OP No.1.

(to dict.)