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2023 Supreme(Online)(Ker) 74157

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM
Ajith Kumar D. (Presiding Member), *Radhakrishnan K. R. (Member)
1st opposite party – Appellant
Versus
complainant – Respondent


Table of Content
1. facts of complaint regarding return and refund (Para 1 , 2)
2. arguments by the appellant regarding marketplace liability (Para 3 , 5)
3. observations on ex parte ruling and due process (Para 6)
4. confirmation of district commission's decision (Para 7)

1. This is an appeal filed by the first opposite party in C.C. No. 446/2015 before the Consumer Disputes Redressal Commission, Malappuram (District Commission for short). As per the order dated 17.2.2016 the District Commission allowed the complaint and directed the opposite parties to pay jointly and severally, an amount of Rs.3,380 being the value of the article along with a compensation of Rs.10,000 and costs of Rs.3,000 to the complainant, failing which opposite party shall be liable to pay 6% interest from the date of the order.

2. The case of the complainant is briefly as follows:
The complainant purchased online a Cat Men's Council Navy blue sneakers of UK 8 size through the website of the opposite party as per the order dated 4.10.2015 which was delivered on 15.10.2015. As the size of the shoe was small to his leg, he returned the same through proper channel as mentioned in the website of opposite party. As per








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