Jabong.com — unilateral cancellation of purchase order on jabong and 100% payment made, by jabong.com, a repeat case of blatant violation of consumer right

Address:	Chennai, Tamil Nadu, 600088
Website:	www.jabong.com

Respected sirs,
I have been a regular customer, buying many merchandise from the on-line retailers, including from jabong.com, since last few years. Recently, i have found jabong.com have been exercising audacious unilateralism by cancelling orders placed on them at their jolly whims and convenience, even after receipt of the order, payment and receipt of the bill amount payable and confirmation of the order, although they have no such rights but are only obliged to thankfully deliver the product, for reasons better known only to them.
Whereas, i have been tracking and awaiting delivery of the product, suddenly a message and an e-mail appears from the vendor citing some unclear fictitious reasons that the order is cancelled and the amount paid shall be refunded. Whereas, in the instant case, i have immediately checked back at their on-line site that the same merchandise is still listed for sale, but at a quite higher price. Therefore, the reasons for the said cancellation could be only guessed only basis the situations. I feel not only irked because of the gross violation of my rights as a customer, since this has been the second such incident in the recent times with me, by jabong. The jabong.com is now a company owned and operated in india by m/s. Walmart, the international retail giant, who might require to be guided appropriately and by duly complying with not only the rules and regulations of the country but also the value systems and ethics.

Hence i would humbly request the hon'ble consumer courts to kindly intervene in this rampant malpractice, lack of ethics and objectionable attrocity or violation of the customers rights by passing an order to m/s. Jabong.com to not only immediately execute and deliver the product for which there exists a valid purchase order with 100% payment made and accepted, but also (I) m/s. Jabong to make an exemplary penalty of rs. 12, 990/- for the above unilateral violations, repeatedly, against the orders placed, by unethical practices and dominant behaviours of neglecting the rights of a regular customer and (Ii) to obtain a written /public apology from m/s. Jabong to the effect that they shall not repeat the above misconduct and practice the same ever, and that if it happens ever they shall be penalised heavily and deterently which shall lead to cancellations of their permits and licences.

The following are the details of the cases:

1) on may 13, 2018, at 08.25 am, i have placed an order no. [protected] for one number of carlton make 67 cm stark plus textured silver medium hard luggage strolley, with an indicated maximum price of rs. 12990/- but offered at a price of rs. 7794.00. The offer further provided with a voucher discount (Limited period) of 25% rs. 1948.50., i. E., at the net price of rs. 5845.50 and applicable taxes extra, and free of any handling charges, which worked-out to rs. 6722.33.
The above payment was made through mobikwik wallet, considering the 'money back' offered there-in, and also since i have already held rs. 2.74 in the wallet account. The balance amount of rs. 6719.26 wsa paid using my indusind bank credit card and the order was confirmed. As per cofirmation by jabong.com, the delivery was confirmed by 19 may 2018 at my residential address registered with the vendor. Accordingly, i have been waiting for the delivery and a delivery message/intimation from the vendor/or their delivery agents.

However, the vendor, vide an sms on 16/05/2018 @12.34 hrs, informed quote: we are sorry to inform you that due to some unforeseen circumstances we are unable to deliver the item 67 cm stark plus textured silver medium hard luggage strolley in your order no [protected]. As a token of apology, we have shared a 10 percent discount voucher on your email. Refund will be initiated if applicable. Unquote

The email received from jabong is attached here-with
Quote:
We are sorry to inform you that due to some unforeseen circumstances, we are unable to deliver the product (S) you purchased from us against order no. [protected]. Unfortunately, this is one of the rare incidents that happen due to product failing our stringent quality checks.


Please be assured, your refund will be initiated for the following item (S) within 2 business days and the amount will be credited to the payment source account from which the payment was made... Unquote

Not to be misguided/ misunderstood, the 10% discount offered was attached with the following in small prints:

Quote:

As a token of apology for the inconvenience you would have experienced, we are sharing a coupon of 10% discount for your next purchase. Your coupon code is jmq2ejicayqrsqppxe10.

The terms & conditions of coupon are:

· valid till 25-may-2018

· 10% off on no minimum purchase value

· maximum discount of inr 200 can be availed

· applicable on all excluding gold coin, precious jewelry, innerwear, beauty, toys, tommy hilfiger, casio, gini & jony, jockey and wildcraft

· not applicable on bundles

· applicable on discounted & non-discounted products also

· payment mode: all

Unquote

However, the same merchandise is even currently listed on-line for sale by ms/ jabong as per screen shot attached here with at a sale price of rs.9093 (And applicable taxes/charges extra).

The second, earlier, instance of a similar violation of my rights by jabong.com was by cancellation of my order no. [protected] dated 03/04/2018 at 10.52 am for one pair of 'mizuno - wave rider 19 navy blue running shoes size-8, of max. Price rs. 9999/- and at an offer price of rs. 4256/-.
The above order was being tracked well past the promised date for delivery; however, on following up, on 10/04/2018 for urgent delivery since i was in need of the same and since i was going out of town, m/s. Jabong informed me that they shall arrange / workout to fulfill the delivery. However, after a shortwhile, i was surprised to find from their 'order tracking provision on the site that the "order - cancelled".in the instant case, after significant efforts of arguing and convincing they informed that the product was actually lost in the delivery hub and was unable to trace, hence order cancellation. Since i was quite interested and wanted to own the same product and since the same was still available with the same vendor at the same price, i have immediately got again another order placed on cash-on delivery basis and purchased the same; and condoned the irresponsible behaviour and conduct of the vendor.

Since the recent instance is a blatant example o[censored]nacceptable business dominance and taking granted of customer rights, blowing out with the winds the vendors obligations and business ethics, i earnestly and humbly request the hon'ble customer courts to kindly strive to establish the honour and rights and supremacy of customers in the business world.

Yours sincerely,

Sn nadackal
Kanchipuram