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Case: Raja Vikrant Sharma v. Shopclues
Original price: 49,999
Offer price: 2,999
Product: Sony Smart TV
It took me 5 years for the court proceedings and the court order was executed in 2022.
Judgement
It is concluded that a legally enforceable contract came into existence between the complainant and the OP immediately after the transaction of payment by the complainant to OP was successful. As per Section 5 of the Contract Act, the offerer i.e. opposite party was at liberty to withdraw its offer before its acceptance by any person including the complainant.
As per well settled legal preposition, the offerer is not permitted to retract from a legally enforceable contract except under certain exceptions. It is not the case of the opposite party that its case falls under those exceptions as provided under the Indian Contract Act.
To provide the Sony Bravia 40W650D Inches(102cm) Smart Full HD LED TV to the complainant as booked by him. The complainant is also directed to pay the sum of Rs.3698/- to the OP No.1, if the said amount has been refunded to the complainant.
To pay a lump sum amount of Rs.2,000/- to the complainant on account of mental agony, harassment and litigation charges.
Case: Supriyo Ranjan v. Amazon Development India pvt ltd
Original Price: 23,499
Offer Price: 190
Product: Laptop
Judgment:
"When there is advertisement made for offer placed by the OP who is a reputed Online
Shopping Centre and made offer as per the materials available on record and the complainant
placed the order and the same has been confirmed, the contract is subside between the parties. Had there been cancellation before receipt of conformation, the matter would have been considered otherwise when the OP is from a third party seller Rockery Marketing at his platform so responsibility of the OP cannot be lost sight of. The impugned order is adequately narrated.
Before floating offer the OP should have considered whether he was able to decide to issue the advertisement and after the contract is completed, it has no business to go away from the promise.
On the other hand, there is breach of contract made by the OP and for that the OP is liable to pay the damages."
OP to pay Rs.30,000/- towards compensation for mental agony and harassment, Rs.10,000/- towards punitive damages and Rs.5,000/- towards cost of litigation to the complainant.
Case Law 1:
Raja Vikrant Sharma v. Shopclues
Execution:
https://firebasestorage.googleapis.com/v0/b/bucket-830a5.appspot.com/o/Execution_App.PDF?alt=media&token=76f53f3c-5763-4122-b84c-f7c1ef673577
Judgement:
https://firebasestorage.googleapis.com/v0/b/bucket-830a5.appspot.com/o/Rv_Shopclues.PDF?alt=media&token=e6ad2a45-5463-4259-a920-6a32b710cffb
Case Law 2:
Supriyo Ranjan Mohapatra v. Amazon
Judgement
https://firebasestorage.googleapis.com/v0/b/bucket-830a5.appspot.com/o/Odisha_judgement.pdf?alt=media&token=008b4e39-bc53-4643-b03b-0c20c277c724