BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, CHANDIGARH

CONSUMER COMPLAINT NO. _____ OF 2023

Utkarsh Sharma ............Complainant

Versus

Myntra Designs Pvt Ltd and another

............ Opp. Parties

INDEX

Sr. No. Particulars Date Pages

1. Complaint 14.03.2023

2. Annexure P-1 (Invoice details) 13.02.2023

3. Annexure P-2 ….

4. Annexure P-3 ….

5. Annexure P-4(Issue Details) 16.02.2023

6. Annexure P-5 (Legal Notice) 06.03.2023

7. Annexure P-6 ….

8 Annexure P-7 (Affidavit 65B)

8. Power of Attorney ….

Place : Chandigarh (ANUJ MALIK, PARAS SEWAK)

Dated : 14.03.2023 Advocates

Counsel for the Petitioner

PH/3610/2022 & PH/4318/2022

 BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, CHANDIGARH

CONSUMER COMPLAINT NO. _____ OF 2023

Utkarsh Sharma s/o Shish Pal Sharma, Current Address: House No. 422 Second Floor

,Sector 15, Chandigarh. M- 7340915274, 9350653317. Utsharma1223@gmail.com

............Complainant

Versus

1. Myntra Designs Pvt Ltd, registered office at Buildings Alyssa, Begonia and Clover

situated in Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village,

Varthur Hobli, Bengaluru – 560103, India CIN: U72300KA2007PTC041799

Telephone: +91-80-61561999

Regional Office-Myntra Designs Pvt. Ltd., Plot No. 82A, Sector 18, Gurugram,

Haryana 122015 Contact no.: +91-8043540100 Email- support@myntra.com

2. Aryman Footwear Exports Pvt. Ltd., Khasra No. 622, Artoni, Agra, Uttar Pradesh

282007 GSTIN: 09AAGCA2217E1Z3

............ Opp. Parties

Complaint u/s 35 of The Consumer Protection Act, 2019 as Amended up-to-date against

opposite party 1, 2 for fraudulent and unfair trade practice and cheating

Sir,

The Complainant most respectfully submits as under:-

1. That the complainant is a student living in PG at the above stated address. Whereas the

Opposite Party 1 is an e-commerce company and it carries its business across the
 nation through its website i.e. www.myntra.com and Opposite party 2 is the retailer

listed with opposite party 1who have sent the product.

2. That the complainant has given true facts and evidence with clean hands as per the

complaint filed under Section 35 of Consumer protection Act,2019 which says

Manner in which complaint shall be made.—

35. (1) A complaint, in relation to any goods sold or delivered or agreed to be sold or
delivered or any service provided or agreed to be provided, may be filed with a District
Commission by— (a) the consumer,— (i) to whom such goods are sold or delivered or agreed
to be sold or delivered or such service is provided or agreed to be provided; or (ii) who
alleges unfair trade practice in respect of such goods or service; (b) any recognised consumer
association, whether the consumer to whom such goods are sold or delivered or agreed to be
sold or delivered or such service is provided or agreed to be provided, or who alleges unfair
trade practice in respect of such goods or service, is a member of such association or not; (c)
one or more consumers, where there are numerous consumers having the same interest, with
the permission of the District Commission, on behalf of, or for the benefit of, all consumers
so interested; or (d) the Central Government, the Central Authority or the State Government,
as the case may be: Provided that the complaint under this sub-section may be filed
electronically in such manner as may be prescribed. Explanation.—For the purposes of this
sub-section, "recognised consumer association" means any voluntary consumer association
registered under any law for the time being in force. (2) Every complaint filed under sub-
section (1) shall be accompanied with such fee and payable in such manner, including
electronic form, as may be prescribed.
Hence , the present complaint is maintainable under the hon’ble court.

3. That the Indian Contract Act 1872, Part I states the exception to Doctrine Privity

of Contract i.e. Contract through an Agent, but in the current case the opposite

party 1 comes under this exception as the opposite party 1 was dealing as an agent

and is liable.

4. The complainant in the case had ordered a The Roadster Men Mid Top Regular Boots,

Size UK8’(RDSTBOOTS67380942 RS13234 OLIVE) worth MRP(Gross Amount) of

 Rs. 4499 on 21.02.2023 vide Invoice No. I0923AR000390552(Annexure P-1) and

Order ID 122884906361680013501 from Myntra Logistics sold by Aryman Footwear

Exports Pvt. Ltd but instead received Roadster White Shoe Size UK8 (Style Code

RSKP 07) worth MRP Rs. 2995 (Annexure P-2) which was delivered on 24.02.2022.

and after daily mails and calls with opposite party 1 i.e. Myntra the complainant

wasn’t able to get his money or the product back, which shows a clear violation of the

consumer rights of the complainant as the opposite party 1 failed in communicating

with the complainant, failed to provide the services which the complainant choose

to, have mentally harassed the complainant. Hence, the complaint falls under

Consumer Protection Act 1986 and the complaint is filed to protect the rights of the

complainant which were abused by the opposite party 1 and 2 and still no action was

taken to compensate the false service provided by the opposite party 1 to the

complainant and the complainant has rendered services from opposite party 1 which

they have failed to provide to the complainant. Hence, the complaint shall be allowed

and strict action be taken against the opposite party 1 and 2.

5. That brief facts of the case are Complainant is a student preparing for competitive

examination who had ordered a The Roadster Men Mid Top Regular Boots, Size

UK8’(RDSTBOOTS67380942 RS13234 OLIVE) worth MRP(Gross Amount) of Rs.

4499 on 21.02.2023 vide Invoice No. I0923AR000390552 and Order ID

122884906361680013501 from Myntra Logistics sold by Aryman Footwear Exports

Pvt. Ltd but instead received Roadster White Shoe Size UK8 (Style Code RSKP 07)

worth MRP Rs. 2995 which was delivered on 24.02.2022. The copy of Invoice and

photograph of product ordered are attached herewith as Annexure P-1 and The copy of

product delivered along with its box is attached herewith as Annexure P-2.
6. That complainant ordered similar product from opposite party 1of same brand which

was also wrongly delivered which is yet to be resolved. In order to prevent same fraud

to happen, complainant choose to videorecord the package and surprisingly again

different shoes were delivered to complainant. The videographic file of the product

delivered is attached herewith in CD as Annexure P-3.

7. The same issue was intimated to opposite party 1 on the very same time of delivery by

way of calling whereby it was promised to complainant that his issue will be resolved

or either he will be delivered with correct product or the paid amount will be refunded.

On the very same day i.e. 24th Feb 2023, a complaint was raised on opposite party

1platform with Issue No. IN2302242110519354377and the complaint were shown

resolved without providing any solution to the fraud happened with complainant.

Thereafter another compliant was raised against the with Issue No.

IN23022509054350614583 where complainant was asked to send picture of wrong

product delivered which was then sent to opposite party 1. Thereafter opposite party 1

acknowledged the mistake and accepted that wrong product is been delivered to

complainant and offered a solution till 28th Feb , 2023. On 1st March 2023, after repeated

request of complainant for any update, opposite party 1refused to provide any solution

and accepted that the product was delivered from their own warehouse and they shipped

correct product, whereas the consumer i.e. complainant is the one left with no option or

solution to fraud happened to him. The copy of issues raised are attached herewith as

Annexure P-4

8. All these sequence of events clearly shows unfair and fraudulent trade practices on part

of opposite parties which shows a clear violation of the consumer rights of complainant

as opposite parties have failed in communicating with complainant, failed to provide the

services which the client choose to, delivered wrong product and have mentally harassed
 complainant. Complainant have rendered services from opposite party 1 which they

have failed to provide.

9. That opposite parties have been continuously pressurizing, harassing complainant by

way of delivering wrong product, keeping his hard earned money for a wrong product,

not exchanging or refunding the said amount in order to gain wrongful profit.

10. That opposite parties are giant companies and failed to take due care and failed to keep

their consumers as their top priority. It is opposite parties duty to ensure that

goods/products as listed on the portal of opposite party 1 are correctly and immediately

supplied to the consumer otherwise it defeats the purpose.

11. In this case, opposite parties failed to provide due service to complainant as wrong

product was supplied to complainant against his booking. Opposite parties were

supposed to exchange/replace or refund the wrongful delivered product with the product

ordered by complainant which they failed to do so which not only is deficient in

rendering service but also indulged into unfair and fraudulent trade practices. Opposite

party 1was duty bound and responsible to assist complainant in resolving the issue as he

has paid them but rather opposite party 1is escaping the services they are supposed to

provide.

12. That complainant is also a victim of opposite parties harassment and mental agony, as

opposite parties have not resolved the issue of wrong product being delivered to

complainant rather kept him waiting for the product he ordered. The total amount paid

by complainant is Rs. 1439.00 which can be seen In Invoice No. I0923AR000390552.

The acknowledgment of all the communication duly read by opposite parties can be

produced as and when required by opposite parties.

13. That opposite parties have not provided any solution to complainant and rather harassed

opposite parties consumer as explained above to complainant. That such conduct on

 opposite parties’ part has put complainant in to severe mental agony and harassment

which has also disturbed the peace of his personal as well as professional life.

14. That complainant aggrieved from the conduct and fraud happened to him, sent legal

notice on 6th March,2023 through his counsel to both the opposite parties but no revert

or solution have yet been provided to him. The copy of legal notice and receipt in this

regard are attached as Annexure P-5.

15. That the opposite party 2 is a necessary party as it is the retailer who have sent the

wrong product in place of the product ordered which was being ordered by the

complainant.

16. That the opposite party 1 is one of the main accused party in the current case and is

liable to harass and violate the consumer rights of the complainant, the opposite party

1 has failed in taking due diligence which has therefore violated the consumer rights of

the complainant as they has failed to provide necessary services to the complainant.

17. That the complaint have given proper evidence for the support and copy of email and

other records are being shared supporting as a proof of defect in services of opposite

party 1 as the order was placed from the registered application of opposite party 1 and

all the communication was made with opposite party 1. The copy of supporting

evidence, copy of email and proof of defect are attached collectively as Annexure P-6.

18. That in https://www.myntra.com/termsofuse, term 3 of opposite party 1 says that

opposite party 1 provide a platform for transaction and communication which makes

opposite party 1 is a main accuse of the complaint as the transaction was made through

the platform provided by myntra which formed a contract between the complainant

and opposite party 1. After violation of such contract or in deficiency of service the

said agent who provided a platform is liable for the consumer

19. That the central customer support of opposite party 1 have also failed to provide

service to the customer as all the time the complainant called the customer service they

had no solution for the issue of my wrong delivery.

20. That the above said facts and circumstances clearly shows the unfair trade practise and

lack on the part of opposite party 1 for providing necessary service to the complainant.

It is the duty of opposite party 1 to provide fair trade and if the sale and purchase is not

done properly ,it is their duty to ensure the trade is done fairly but none of such service

were provided to the complainant, rather the customer service of opposite party 1

harassed the complainant as after sale service for return or exchange were very weak

and the complainant used to wait for hours for the confirmation of return but customer

service didn’t provide any solution to the complaint.

21. That such unfair trade practises and negligence by the opposite party made the

complainant suffer with a lot of delay in the product delivery and product received was

wrong and being a student, it is hard as a huge amount was stuck with opposite party 1.

Opposite party haven’t provided proper service to the complainant, as he is a consumer

in the sight of law and there is deficiency in services on the part of opposite parties.

22. That it is humbly submitted that the complainant is a student suffering from last 1

month as he is unable to avail anything and the opposite parties are violating the

consumer rights of the complainant.

PRAYER

It is therefore, prayed that the complaint of the complainant be allowed with special

cost and the opposite parties may kindly be directed to pay total amount of Rs. 1598 i.e.

price paid by complainant with interest @ 18% per annum from due date till actual

payment and compensation of Rs. 50000 to the complainant for deficient, imperfect
services, exploitation and mental harassment rendered by the opposite party and the cost

of litigation including the cost of this notice, which is assessed to be Rs 20000/-.

It is further prayed that any other relief which this Hon’ble Forum may deem fit and

proper in fact and circumstances of the case may please also be granted to the

complainant.

Submitted by,

Verification:

I, the complainant do hereby solemnly

affirm and declare and state that the Utkarsh Sharma

contents of above said complaint are Complainant

true and correct to the best of our Through Counsel

knowledge and nothing has been

concealed therein. Anuj Malik, Paras Sewak

PH/3610/2022, PH/4318/2022

Place: Chandigarh Advocates

Dated: 14/03/2023 Counsels for complainant

 BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, CHANDIGARH

Utkarsh Sharma ............Complainant

Versus

Myntra Designs Pvt Ltd and another ............ Opp. Parties

Affidavit of Utkarsh Sharma s/o Shish Pal Sharma, Current Address: House No. 422 Second Floor
,Sector 15, Chandigarh. M- 7340915274, 9350653317. Utsharma1223@gmail.com

Deponent
Sir,
I, the deponent named above do hereby solemnly affirm and state on oath as under:-
1. That the deponent is the complainant in the aforesaid case hence is aware of the facts
and circumstances of the case!
2. That as part of the evidence at this stage, the deponent has to file a videographic file of
CD along with its transcript.
3. That the recorded video is a proof of product delivered to him this the complaint.
4. That deponent hereby files recorded video in a video CD as Annexure P-3
5. That the deponent confirms that the digital video file in the CD is the copy to the
originally recorded digital video file in the original recording device, used by the
deponent for recording.
6. That the deponent further confirms that the contents of the transcript are absolutely
identical and verbatim as the digital video file in the CD and the originally recorded
digital video file in the original recording device.
7. That, the deponent is making this present affidavit to certify that:
8. The digital video file in the video CD is the copy of the originally recorded digital
video file in the original recording device.
9. The contents of the transcript are absolutely identical and verbatim to the digital
video file in the video CD and to the originally recorded digital video file in the
original recording device.
10. That this affidavit, therefore, in the facts and circumstances of the case, is sufficient in
compliance with Section 65B of the Evidence Act. The digital avideo file has been
copied from the deponent’s recording device, therefore, can be treated as a certified
copy. The annexed CD and the transcript, therefore, are in compliance with the
provisions.

Deponent
Verification
I, (deponent), the deponent, do hereby solemnly affirm and verify that the contents of paragraph No. 1,
2, 3, 4, 5, 6, 7and 8 are true to my personal knowledge which all I believe to be true, no material has
been concealed in it and no part of the affidavit is false.
 BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, CHANDIGARH

CONSUMER COMPLAINT NO. _____ OF 2023

Utkarsh Sharma s/o Shish Pal Sharma, Current Address: House No. 422 Second Floor
,Sector 15, Chandigarh. M- 7340915274, 9350653317. Utsharma1223@gmail.com
............Complainant
Versus

Myntra Designs Pvt Ltd and another

............ Opp. Parties

Affidavit of Utkarsh Sharma son of Shish Pal Sharma resident of House No. 422 Second
Floor ,Sector 15, Chandigarh. I the above-named deponent do hereby solemnly affirm
& declare as hereunder:
1. That deponent is filing the accompany application in this Hon’ble Court.
2. That the list of dates and events mentioned in the attached application are true
and correct to my knowledge.
3. That the facts mentioned in the present application are also true and correct to
my knowledge.
4. That the Annexures filed in the attached application are true copy of its original.

Place :Chandigarh Deponent

Dated: 15.03.2023

Verification:

Verified that the contents of the above said para no. 1 to 4 of my affidavit are true and
correct to my knowledge& nothing material has been concealed therein.
Place :Chandigarh Deponent
Dated: 15.03.2023
 LIST OF DATES AND EVENTS

21.02.2023 The complainant ordered a The Roadster Men Mid Top Regular Boots, worth
MRP(Gross Amount) of Rs. 4499 on 21.02.2023 vide Invoice No.
I0923AR000390552(Annexure P-1) and Order ID 122884906361680013501
from Myntra Logistics sold by Aryman Footwear Exports Pvt. Ltd.
24.02.2023 Wrong product showing description as Roadster White Shoe Size UK8 (Style
Code RSKP 07) worth MRP Rs. 2995 (Annexure P-2) was delivered.

…. That the complainant ordered similar product from opposite party 1 of same
brand which was also wrongly delivered which is yet to be resolved. In order
to prevent same fraud to happen, complainant choose to videorecord the
package and surprisingly again different shoes were delivered to complainant.
Annexure P-3.

24.02.2023 The same issue was intimated to opposite party 1 on the very same time of
delivery by way of calling whereby it was promised to complainant that his
issue will be resolved or either he will be delivered with correct product or the
paid amount will be refunded.

24.02.2023 Complaint was raised on opposite party 1platform with Issue No.
IN2302242110519354377 and the complaint were shown resolved without
providing any solution to the fraud happened with complainant. Thereafter
another compliant was raised against the with Issue No.
IN23022509054350614583 where complainant was asked to send picture of
wrong product delivered which was then sent to opposite party 1. Thereafter
opposite party 1 acknowledged the mistake and accepted that wrong product is
been delivered to complainant and offered a solution till 28th Feb , 2023.

01.02.2023 After repeated request of complainant for any update, opposite party 1refused
to provide any solution and accepted that the product was delivered from their
own warehouse and they shipped correct product, whereas the consumer i.e.
complainant is the one left with no option or solution to fraud happened to
him. Annexure P-4