Failure To Deliver Missing Items Or Provide Refund, North Delhi District Commission Directs Big Bazar Liable For Deficiency In Service

Brief Facts:

Ms. Shivangi Goyal (“Complainant”) purchased daily-use items from Big Bazar Store for Rs. 3000/- during a sale announced on Independence Day. Upon receiving the order, the Complainant discovered that the delivery was incomplete. Specifically, items such as Tata tea premium, coriander powder, turmeric powder, and other products were missing from the parcel. The Complainant promptly notified Big Bazar through their customer care helpline and lodged a Complaint regarding the missing items.

Following the complaint, the Complainant was asked to wait for 3-5 business days for redressal, but no resolution was provided within the stipulated time. Despite continuous follow-ups by the Complainant and assurances from Big Bazar, the missing items were not delivered. Big Bazar eventually agreed to refund the amount of undelivered items directly to the Complainant's bank account. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission-I (North District), Delhi (“District Commission”) and filed a consumer complaint against Big Bazar.

In response, the Big Bazar denied extending any assurances regarding resolution or refund to the Complainant. Therefore, it prayed for the dismissal of the complaint.

Observations by the District Commission:

The District Commission noted that Big Bazar attempted to downplay the compensation claim while simultaneously denying deficiencies in service which reflected a contradictory stance. Therefore, it was held that this suggested an acknowledgement of guilt regarding the incomplete delivery.

Further, it noted that the evidence provided by Big Bazar, notably the records indicating delivery of "1 box" without specific details, and the acknowledgement of a complaint regarding Rs. 600/- worth of undelivered products, corroborated the Complainant's assertions. The District Commission noted that this demonstrated a clear deficiency in service and unfair trade practices on the part of Big Bazar.

The District Commission directed Big Bazar to refund Rs. 546/- to the Complainant within thirty days, along with 9% interest from the date of the incident. Additionally, Big Bazar was instructed to pay Rs. 10,000/- as compensation for the mental anguish caused to the Complainant.