A district consumer commission in an order has directed that a buyer be refunded the value of Jade Mat he paid for but never got one with nine percent interest per annum. The buyer did not receive the mat even after five years of purchasing it.
The order dated May 11 was passed by Preethi Chamikutty and Shraddha Jalnapurkar, members of District Consumer Disputes Redressal Commission. It was passed on a complaint of Dahisar resident Rupesh Sanghvi against Atul Bhansali, proprietor M/s 365 Smiles.
Customer bought Jade Mat's worth ₹8000
Sanghvi, on the basis of an online advertisement by Bhansali, had bought an acupressure massage bed and a Jade Mat. For four beds, he paid Rs 1.96 lakhs and Jade Mat as an additional purchase of Rs 8,000. The purchases were made in October 2015. The Jade Mat was not provided despite paying the money.
Mat's not delivered despite repeated follow-ups
After follow-up when he did not get the mat, Sanghvi sent a notice in 2016 seeking delivery of the mat or the refund of the money paid. When there was no response, he filed a complaint with the consumer commission. Bhansali did not appear before the commission or filed a reply so an order to proceed ex-parte was passed against him. In his complaint, Sanghvi also stated that he suffered losses of Rs 3.80 lakh when he did not get the mat.
Unfair trade practice
During the hearing, the commission stated that the money was paid by Sanghvi and neither did he receive the mat nor the money was refunded to him. It stated that not doing both amounted to deficiency in service and unfair trade practice.
It, however, stated that Sanghvi had given no proof to show how a loss of Rs 3.87 lakhs was caused by a small purchase of Rs 8,000. It rejected the demand of Rs 3.80 lakhs loss compensations and instead directed that Sanghvi be paid Rs 10,000 towards mental agony and litigation cost within 60 days of the order.
