Kolkata District Commission Holds Exotica Orchids Liable For Deficiency In Service For Delivering Damaged Plants And Failure To Provide Pick-up Facility
The District Consumer Dispute Redressal Commission Kolkata Unit-III bench comprising Sudip Niyogi (President) and Subir Kumar Dass (Member) held Exotica Orchids liable for deficiency in services for sending damaged plants to the Complainant and subsequently failing to provide pick-up facility to ensure a smooth return. The bench directed it to refund Rs. 4,730/- and pay a compensation...
The District Consumer Dispute Redressal Commission Kolkata Unit-III bench comprising Sudip Niyogi (President) and Subir Kumar Dass (Member) held Exotica Orchids liable for deficiency in services for sending damaged plants to the Complainant and subsequently failing to provide pick-up facility to ensure a smooth return. The bench directed it to refund Rs. 4,730/- and pay a compensation of Rs. 2,000/- to the Complainant.
Brief Facts:
Ms Sweta Agarwal (“Complainant”) placed an order for 8 Phalaenopsis matured plants from Exotica Orchids and paid Rs. 5,780/-. Additionally, she ordered materials (potting mix) for the plants for Rs. 1,449/-. The plants were delivered in a small container and they were damaged because of the packaging. Despite reporting the issue to Exotica Orchids, the Complainant was instructed to return the damaged plants herself. The Complainant wasn't able to visit the Courier Service facility due to the ongoing Covid-19 pandemic. The Complainant made several attempts to address her concerns with Exotica Orchids but didn't receive any satisfactory response from them. Feeling aggrieved, the Complainant approached the District Consumer Complaint Redressal Commission, Kolkata-III, West Bengal (“District Commission”) and filed a consumer complaint against Exotica Orchids.
In response, Exotica Orchids raised the primary dispute raised regarding the name of the Complainant. According to the complaint petition, the Complainant was identified as Ms Sweta Agarwal, while the Exotica Orchids argued that the order was received from Smt. Sweta Chakraborty for the purchase of 7 orchid plants. Furthermore, Exotica Orchids contended that there was no deficiency in service on its part.
Observations by the Commission:
The District Commission noted that Exotica Orchids neither filed any evidence nor appeared on the date of the final hearing to present arguments. Further, it noted that the dispute concerning the name of the Complainant was resolved through the amended complaint filed by her.
The District Commission noted that the Complainant purchased by sending Rs. 5,780/- online to the Exotica Orchids. It held that in cases of online purchases, the act of 'clicking the button' implies agreement with the terms and conditions displayed by the supplier. However, it emphasized that such 'clicking the button' should not be equated with 'informed consent' of the Complainant.
While recognizing the Complainant's fault in not returning the damaged plants, considering the adverse pandemic situation and the Complainant's age, the District Commission held that Exotica Orchids should have extended the facility of pick-up of the order. Despite the Exotica Orchids's contention that the plants supplied were fully matured and in good condition, the District Commission noted that it failed to provide conclusive evidence to support its claim. Further, the District Commission noted that the photographs presented by the Complainant suggested that the plants were damaged. In the absence of contrary evidence, the District Commission concluded that the plants were received by the Complainant in damaged condition.
Therefore, the District Commission held Exotica Orchids liable for deficiency in service. As a result, the District Commission directed Exotica Orchids to refund Rs. 4,730/- to the Complainant, along with Rs. 2,000/- as compensation.
Case Title: Sweta Agarwal vs Exotica Orchids
Case No.: CC/458/2021
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