Tamil Nadu

South Chennai

CC/162/2021

R. Sathish Kumar, Pearl Technologies - Complainant(s)

Versus

The Managing Director, ADD ME Cart - Opp.Party(s)

M/s R. Krishnamurthy

18 Apr 2023

ORDER

 Date of Complaint Filed: 30.07.2021

 Date of Reservation     : 28.03.2023

 Date of Order               :18.04.2023       

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                              : PRESIDENT

                    THIRU. T.R. SIVAKUMHAR, B.A., B.L.,              :  MEMBER  I 

                    THIRU. S. NANDAGOPALAN., B.Sc., MBA.,       : MEMBER II

               

CONSUMER COMPLAINT No.162/2021

TUESDAY,THE 18^thDAY OF APRIL 2023

Mr.R.Sathish Kumar,

S/o. A.Ravikumar,

Pearl Techonogies,

No.14/49.NallaThambi Street,

Chennai 600 005.                                                                     …Complainant.

..Vs..

The Managing Director,

Add Me Cart,

Jai Stamph Chowk,

Opposite Gurh Gali, Rajgarh,

Madhya Pradesh,

India,

PIN 465 661.                                                                             ... Opposite Party.

* * * * *

Counsel for the Complainant   :  M/s. R.Krishnamurthy & R.Govindaraj, Advs

 

Counsel for Opposite Party    : Exparte on 01.06.2022

 

On perusal of records and upon treating the Written Arguments as oral Arguments of Complainant on the endorsement made by the Counsel for the Complainant, this Commission delivered the following:

ORDER

Pronounced by Member-II, Thiru. S. Nandagopalan., B.Sc., MBA.,

(i)   The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Party to pay a sum of Rs.1,00,000/- being aggregate damages on a responsible estimate on two counts and to pay a sum of Rs.70,000/- towards compensation for mental agony and to pay a sum of Rs.25,000/- towards damages along with litigation expenses of Rs.5000/-.

I.     The averments of Complaint in brief are as follows:-

1.   The Complainant submitted that he was running a computer sales and services.  In the  mean time he wanted to purchase one Tape recorder for gifting to the friend for his birthday and he has seen advertisement in the Opposite Party’s company viz., Addmecart in online shopping.   From the Opposite Party’s company, the company booked  one Victoria Mini Bluetooth Boombox with Cassette Player, Recorder and Am/Fm Radio, Grey X1 (Sold  by Tanu Tech)  worth Rs.3,785/-.

2. The Complainant further submitted that after booking the product he paid amount of Rs.3,785/- through his SBI credit card in the Opposite Party company website on 30.4.2021 via order No. 71107700206320. The Complainant after having paid the amount there is a lot of delay in delivery of product and he placed many mails to Opposite Party dated 12^th May 2021 to 9^th June 2021 and whatsapp communications from 30^th April 2021 to 10^th June 2021 but Opposite Party did not give response.

3. The Complainant submitted that finally he wanted to cancel the booking and refund the amount, but Opposite Party after giving many conversations through Email and whatsapp number did not refund the amount paid for the product.  The Complainant is a bread earner and he his only depending on the business and he got a lot of mental agony for Opposite Party’s deficiency in service.

4.   The Complainant further expressly submitted that all the aforesaid acts shows and exhibits unfair trade practice at the instance of Opposite Party company as well as establishes clear and apparent deficiency in service. Hence the complaint.

II. The Opposite Party set ex parte:

      Notice was sent to the Opposite Party and was duly served on 01.06.2022. Despite the notice being served to the Opposite Party failed to appear before this Commission either in person or by an Advocate on the hearing date i.e. 01.06.2022.On that day, the Opposite Party was called absent and  set ex-parte. Subsequently, the case was proceeded to be heard on merits.

III. The Complainant has filed his proof affidavit, in support of his claim in the complaint and has filed 6 documents which are marked as Ex.A1 to A6. Written argument of Complainant  filed.

Points for Consideration:-

1. Whether there is unfair trade practice and  deficiency in service on the part of the Opposite Party?

2.  Whether the Complainant is entitled for the reliefs sought for?

3.  To what other relief,  the Complainant is entitled to?

POINT NO. 1 :-

5.    The contention of the Complainant is that on seeing the advertisement in Addmecart, the Opposite Party, he had booked a Victoria Mini Bluetooth Boombox with Cassette Player, Recorder and Am/Fm Radio, Grey X1 and paid a sum of Rs.3,785/- through his credit card on 30.4.2021. As there was delay in delivery of the product, he made various communications through mail and Whatsapp messages to the Opposite Party, for which there was no response. Further submitted that, he wanted to cancel the booking and sought for refund of the amount paid by him. However the Opposite Party had not refunded the amount paid by the Complainant for the product. 

6.    A perusal of Ex.A1 would show that the Complainant had placed order  of Victoria mini Bluetooth Boom box with cassette player, recorder and FM radio (Grey X1) on 30.4.2021 vide order No.71107700206320 which product is to be delivered to the Complainant at Pear Technologies, Nallathambi Street, Chennai. The Complainant had paid a sum of Rs.3,785/- to the Opposite Party on 30.4.2021 as per Ex.A2. The Complainant vide Ex.A3, had cancelled the order on 12.5.2021  due to delay in shipping  and sought for refund of the amount from the Opposite Party, for which the Opposite Party on 13.5.2021, had apologized for the delay  and confirmed that the order placed by the Complainant stood cancelled. Later on there are various exchange of mails and whatsapp messages between the Complainant and the Opposite Party, where the Complainant had sought for refund of the amount paid and the  Opposite Party had replied to refund the amount.   However as the Opposite Party did not refund the amount as assured, the Complainant had sent a legal notice on 2.7.2021 vide Ex.A5, which was received by the Opposite Party as seen from Ex.A-6.

7.    From the discussions made above, and on the facts and circumstances of the case, this Commission of the considered view that the act of the Opposite Party in not delivering the product  after having received the cost of the product from the Complainant and by not refunding the amount on cancellation of the product by the Complainant amounts to  unfair trade practice and deficiency in service on the  part of the Opposite Party which is to be compensated. Accordingly Point No.1 is answered in favour of the Complainant.

POINT NOS: 2 & 3

8.   As discussed and decided in Point No.1, that the Opposite Party had committed unfair trade practice and deficiency of service, the Opposite Party is directed to refund a sum of Rs.3,785/-, being  the cost of the product and  a sum of Rs.20,000/- towards compensation for the deficiency in service and unfair trade practice along with sum of Rs.5000/- towards cost of the litigation.  According  Points No.2 & 3 are answered.

       In the result, this complaint is allowed in part. The Opposite Party is directed to refund a sum of Rs.3,785/- (Rupees Three Thousand Seven Hundred and Eighty Five Only) towards  the cost of the product paid by the Complainant  and to pay  a sum of Rs.20,000/- (Rupees Twenty Thousand Only) towards compensation for the deficiency in service and unfair trade practice, mental agony caused by the Opposite Party along with a sum of Rs.5000/- (Rupees Five Thousand Only) towards litigation expenses within 8 weeks from the  date of receipt of this order, failing which a sum of Rs.3,785/-  shall carry interest at the rate of 12% per annum  from the date of this order till the date of realisation.  

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 18^th of April 2023.

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

      MEMBER II                         MEMBER I                       PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	30.04.2021	Xerox copy of  order details issued by the Opposite Party to the Complainant.
Ex.A2	09.05.2021	Xerox copy of Account summary regarding purchase products and debited Amount.
Ex.A3	April 2021 to June 2021	Whatsup communication between Complainant and Opposite Party.
Ex.A4	May 2021 to June 2021	Email communication between Complainant and Opposite Party.
Ex.A5	02.07.2021	Copy of the legal notice issued by the Complainant to the Opposite Party.
Ex.A6		Postal acknowledgement card signed by the Opposite Party.

 

 

 

List of documents filed on the side of the Opposite Party:-

 

NIL  

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

      MEMBER II                         MEMBER I                         PRESIDENT