In a notable decision, the District Consumer Disputes Redressal Commission II in Chandigarh has ordered Ajio.com, a digital retail platform by Reliance Retail, to refund a customer for undelivered items and compensate him for mental agony and harassment. The case, Consumer Complaint No. 620 of 2022, was resolved on May 1, 2024, by a bench comprising President Amrinder Singh Sidhu and Member B.M. Sharma.
Background of the Case
The complainant, Tushar Kalia, a 33-year-old Chandigarh resident, purchased three items from Ajio.com on January 18, 2022. His order included a Superdry Train Core Graphic Logo Print Crew-Neck T-Shirt, Superdry-Train Core Joggers with Zip Pockets, and a Superdry-Train Performance Hoodie with Raglan Sleeves. After availing a bank discount of ?2,354.81, Kalia paid ?26,741.24 against the total cost of ?27,096.05. The parcels arrived on January 21, 2022.
Upon receiving the packages, Kalia discovered that the parcels containing the joggers and the hoodie had been tampered with and were empty. He promptly reported the issue to Ajio.com and provided photographic evidence. However, Ajio.com marked the complaint as resolved, claiming that the items were delivered intact.
Legal Issues Involved
The case revolved around two primary legal issues:
1. *Deficiency in Service*: Whether Ajio.com failed to deliver the ordered items and provided deficient service.
2. *Unfair Trade Practice*: Whether Ajio.com engaged in unfair trade practices by not addressing the genuine grievance of the complainant.
Court's Decision
After hearing arguments from both sides and reviewing the evidence, the court sided with the complainant. The court stated that once Ajio.com received payment for the items, it was their duty to ensure the delivery of the products. The bench remarked, "The OP [Opposite Party] cannot wriggle out from its legal liability of delivering the products/items, having received consideration, by merely saying that parcels/packets were delivered in an intact & untampered condition. The consumer/complainant is not concerned with the packet/parcel; it is the items/products which were booked, paid for, and need to be delivered to the complainant."
The court concluded that Ajio.com's failure to deliver the ordered items constituted a deficiency in service and an unfair trade practice, which caused harassment and mental distress to the complainant.
Order
The court directed Ajio.com to:
1. Refund ?26,741 to the complainant.
2. Pay ?15,000 as compensation for harassment and mental agony.
3. Pay ?5,000 towards litigation costs.
This ruling underscores the responsibility of e-commerce platforms to ensure the delivery of products and address customer grievances effectively.
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