By Smt. PREETHI SIVARAMAN.C, MEMBER
1. Case of the complainant:-
On 22/08/2021 complainant had ordered a 30W Wireless charger of MI brand company through an online shopping platform and he had paid Rs.1724/- (Rupees One thousand seven hundred and twenty four only) to opposite party through google pay app. But the product did not received by complainant till 28/08/2021. The ordered product was not despatched till 28/08/2021. Hence complainant wants to cancel the order and he directed the opposite party to refund the amount into his account by calling the customer care of opposite party. As per his direction opposite party cancelled his order on 28/08/2021 itself. But the paid amount of Rs.1724/-(Rupees One thousand seven hundred and twenty four only) is not refunded into complainant’s account till 15/09/2021. Hence complainant filed this complaint on 15/09/2021.
2. Claim of the complainant is that, he is entitled to get Rs. 20,000/-(Rupees Twenty thousand only)for the mental agony and hardship suffered by him by the act of opposite party and the deficiency of service and unfair trade practice committed by opposite parties towards complainant.
3. On admission of the complaint notice was issued to the opposite party and notice served on him and he did not turn up. Hence opposite party set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A5. Ext.A1 is the copy of refund process of the order, Ext.A2 is the copy of order history dated 22/08/2021 to 28/08/2021, Ext.A3 is the copy of Vlebazaar.in order update 28/08/2021, Ext.A4 is the copy of Vlebazaar.in order update 23/08/2021, Ext. A5 is the copy of refund and cancellation policy.
5. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced five documents to prove his case which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
6. Therefore we direct the opposite party to pay Rs. 5,000/-(Rupees Five thousand only) to complainant for the mental agony and hardship suffered by him by the act of the opposite party and Rs.10,000/-(Rupees Ten thousand only) for the deficiency in service and unfair trade practice committed by opposite party towards complainant and Rs.3000/-(Rupees Three thousand only) as cost. The order shall be complied within one month from the date of receipt of copy of this order.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 22nd day of December, 2021.
