Complaint under Section 35 of the Consumer Protection Act, 2019 for deficiency in service and unfair trade practice

lomasrathod

lomasrathod

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Seller Name
Mainstreet Marketplace
Company Name
MARCADONA FASHION MEDIA PRIVATE LIMITED
Product Name
NIKE AF1 textured
Website Name
https://marketplace.mainstreet.co.in/
Customer Care Number
9004295034
Loss Amount
39493
Ratings
1.00 star(s)
Opposite Party Address
SHOP NO 03, SUNBEAM CHS LTD, PERRY CROSS ROAD, BANDRA WEST, Mumbai Suburban, Maharashtra, 400050

Facts of the Case:​


  1. That the Complainant purchased 5 sneakers from the Opposite Party through their online platform (Order No. MS117379 dated 21st Aug 2025).
  2. That the Opposite Party delivered the product in an outer package which was intact and undamaged. However, upon opening, the sneaker boxes inside were found to be broken/damaged.
  3. That the nature of the damage clearly indicates that the Opposite Party intentionally packed broken boxes inside perfect external packaging, thereby engaging in deceptive and unfair trade practice.
  4. That the Complainant immediately documented the evidence by photographs/videos, which clearly show the discrepancy.
  5. That despite the Complainant’s attempts to seek resolution, the Opposite Party failed/neglected to provide a replacement, refund, or satisfactory explanation.

Grounds of Complaint:​


  • Deficiency in service under Section 2(11) of the Consumer Protection Act, 2019.
  • Unfair trade practice under Section 2(47) of the Consumer Protection Act, 2019.
  • Causing harassment, inconvenience, and financial loss to the Complainant.

Relief Sought:​


The Complainant prays that this Hon’ble Commission may kindly:

a) Direct the Opposite Party to refund the full purchase amount of ₹39,493.

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Thanks
 
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