Zivame — Failure of Service

Address:

2726, 1st Floor, Lakshmi Narayana Nivas, Off, 80 Feet Rd, Indiranagar, Bengaluru, Karnataka 560038

CONSUMER COMPLAINT BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, DISTRICT South Delhi
CONSUMER COMPLAINT NO. ___________ OF 2022

IN THE MATTER OF: Neha Goswami………………...COMPLAINANT
Wife of Ajay Kumar Giri, of 32 years,
Indian Inhabitant, Residing at H.N 36, AYA NAGR PH 5, New Delhi-110047
Vs
ZIVAME. having its registered office ..OPPOSITE PARTY
at 2726, 1st Floor, Lakshmi Narayana Nivas, Off, 80 Feet Rd, Indiranagar, Bengaluru, Karnataka 560038

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986
MOST RESPECTFULLY SHOWETH:
1. That the complainant purchased an undergarment Order No.[protected] from Zivame Application on 19th Sep of 2022 for a sum of Rs. 623.
2. That on 22nd Sep 2022 order was delivered to the complainant from
3. That on 22nd Sep 2022, Complainant called to customer care [protected], raised request to exchange the product reason of the size which was ordered was not received.
4. That complainant made several calls at customer care to exchange product with actual size, every customer care executive takes a request but did not received exchange product
4. That on 3rd Oct 2022, 5th Oct 2022, 7th Oct 2022, 12th Oct 2022, 14th Oct and 20th Oct 2022 dropped written complaint at email “[protected]@zivame.com”, and 27th Oct 2022 at “lavanya.[protected]@zivame.com”, in spite of which, the opposite party did not send any delivery boy to exchange the products. A true copy of the said complaint is annexed hereto as Annexure-''A''
5. That due to the negligent acts of the opposite party, the complainant has suffered loss and injury due to deprivation, harassment, mental agony and loss of professional practice, for which he is entitled to compensation.
6. That the complaint was made to the opposite party under exchange Policy.
7. That the opposite party is liable for breach of contact as it has not complied with the terms of the guarantee and have acted extremely negligently in attending to the complaint of the complainant and is therefore liable to compensate the complainant for the loss and injury caused to him.
9. That for the purposes of section 11 of the Act, compensation claimed by the complainant is below Rs. 10, 000/- so this forum has jurisdiction to determine and adjudicate this dispute.
10. That the complainant is a consumer as defined under the act.

PRAYER:
In the above mentioned facts and circumstances it is most respectfully prayed that the Hon''ble Forum may be pleased to:
a. Order the opposite party to pay Rs. 10, 000 as compensation and Rs. 623 as costs;
b. Pass any other such order, as this Hon''ble Forum may deem fit and proper in the interests of justice.
Neha Goswami
..Complainant
Place: South Delhi
Dated: 30th Oct 2022
VERIFICATION:
I Neha Goswami Wife of Ajay Kumar Giri Residing at H.N 36, AYA NAGAR, NEW Delhi-110047 do hereby solemnly affirm and state that the contents and particulars of the complaint stated above are true and correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed therein.
Verified at Oct on 30 day of 2022
..Complainant Neha Goswami