Ludhiana | Consumer forum asks online shopping site to pay ₹63K for not gifting 4 i-phones
Ludhiana Consumer forum directed Myntra to return ₹38,160 gift tax along with ₹25,000 compensation to the complainant. who was not delivered four i-phones as promised despite taking gift tax
Observing that failing to hand out four i-phones as promised despite taking gift tax accounts to deficiency of services, the District Consumer Disputes Redressal Commission directed Myntra to return ₹38,160 gift tax along with ₹25,000 compensation to the complainant.
Submitting his complaint against Myntra, through its managing director Mukesh Bansal; Sanjay Kumar Garg of Khanna, Ludhiana, accused the company of deficient services.
The complaint
The said respondent company floated different schemes from time to time under the name “The biggest shopping festival,” “Diwali delight,” and others with attractive offers that allured the complainant .
Sanjay made maximum purchases within the prescribed period. On making such purchases, he received e-mails from the respondent stating him winner of four i-phone 5C mobiles.
Company officials further called upon Sanjay asking him to deposit different sum of money as gift tax to which the complainant deposited ₹9,210 each on December 24, 2014, December 27, 2014 and December 27, 2014 and also deposited ₹10,530 on October 30, 2014.
Thereafter, the complainant called upon the respondents to deliver him the gift offered by them, but to no avail.
However, resisting the complaint, the counsel for Myntra said the company was willing to disburse the gifts upon presentation of proof of payment of gift tax by the complainant and the delay in disbursal of gifts was only due to the non-payment of the gift tax.
Meanwhile, the counsel for the complainant submitted the receipts of the gift tax paid to the company with the commission.
Commission’s order
The Commission said, “It cannot be said that the amount of gift tax was not paid by the complainant to Myntra. However, the complaint is of 2015 and the promised model of the i-phone might not be available now.”
“Therefore, in our considered opinion, it would be just and proper if the opposite parties are directed to refund the ₹38,160 paid by the complainant to the OPs on account of the gift tax along with interest @6% per annum from the date of filing of the complaint till actual payment and the OPs be further made to compensate the complainant to the tune of ₹ 25,000 in lieu of the promised gifts,” read the order.
