E-Paper
Chandigarh: Panel fines e-retailer for delivering wrong product
The panel ordered Myntra Designs and Titan Company to refund ₹8,500, cost of the watch; along with ₹7,000 as compensation for mental agony of the complainant
The district consumer disputes redressal commission penalised Myntra Designs Pvt Ltd and a watch company for delivering wrong product and then responding to the return request.
The panel ordered Myntra Designs and Titan Company to refund ₹8,500, cost of the watch; along with ₹7,000 as compensation for mental agony of the complainant.
Parul from Sector 38, Chandigarh, filed a case against Myntra Designs Pvt Ltd, Bengaluru and Titan Company Limited, Tamil Nadu, alleging that on September 20, 2021, she placed an order for a men’s watch of Tommy Hilfiger make through the Myntra website by paying ₹8,500 through credit card. The watch delivered was not the same as ordered.
The complainant mentioned that she raised the return request with Myntra but it was rejected. Hence, she moved a complaint seeking refund of ₹8,500 along with interest, compensation and litigation costs.
The order mentioned that despite due service, opposition party one (Myntra) did not appear and suffered ex-parte proceedings.
The Titan Company Limited, Tamil Nadu, filed its written version inter-alia stating therein that as per the agreement between the parties, it displayed its products for the sales in the platform/website of Myntra.com.
It has been admitted that the woman had placed the order and they had passed on the information to its warehouse to pack the product and the packing was done under the CCTV surveillance. Thereafter, Myntra instructed its logistic service provider to collect the product from them and it was the duty of the logistic service provider to ensure the proper delivery of the product to the customer. The remaining allegations have been denied being false.
The commission observed: “Instead of collecting the product from the complainant, the opposite party cancelled the said request without assigning any valid reason. Moreover, non-appearance of a representative from Myntra shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted.”
It directed the opposition parties to refund ₹8,500 to the complainant along with 9% per annum interest from the date of its purchase till the date of its actual realisation.
“The opposition parties are also directed to pay ₹7,000 to the complainant towards the mental agony and physical harassment as well as litigation expenses. The opposition parties are at liberty to collect the watch from the complainant after payment of the awarded amount.”
