PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO.45 /2024
Present-Dr. Ramakanta Satapathy, President,
Sri. SadanandaTripathy, Member,
Ashis Kumar Tripathy,
S/o- Anil Kumar Tripathy
R/O- House No.4, Russel Lane, Near Church, Near Priya Tent House Shop,
Kulutkani, Charbhati, Ps-Dhanupali, PO/Dist-Sambalpur, Odisha-768001.
Mob No. 8763634440,
Aadhaar No. 491263966176 ……….......Complainant.
Vrs.
- Flipkart Internet Private Limited,
Buildings Alyssa Begonia Clover Embassy tech Village, Outer ring Road, DevarbisanahalliVarthurhobli, Bengaluru urban, Karnataka, 560103.
- Stovekraft Limited 81/1, Harohalli Industrial Area, Kanakapura
Taluk, Ramanagara, Bangalore, State-Karnataka-562112,
Con No. 6364914202, 08026984800, CIN-L29301KA1999PLC025387.
....……….Opp. Parties
Counsels:-
- For the Complainant :- Self
- For the O.P.No.1 :- Sri. A.K. Sahoo & Associates
- For the O.P. No.2 :- Ex-parte
Date of Filing:09.02.2024, Date of Hearing :14.05.2024, Date of Judgement :02.07.2024
Presented byDr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant purchased one induction cook top namely Pigeon Favorite IC 1800 watt through online platform of O.P. No.1, paid Rs. 10/- cash on delivery to O.P. No.1 and Rs. 1459/- towards cost of the product to flikart’s delivery agent on 19.01.2024.
On 22.01.2024 within three days the product got damaged/stopped working having a cracking noise emitting spark and MCB of his kitchen was tripped down. The Complainant initiated the product returned process as it was under 7 days service centre and easy returns assured/promised by Flipkart at the time of purchase of product. The Complainant failed to return the product. Informed the O.P. No.1 customer care. The customer care of O.P. No.1 asked to contact the O.P. No.2 and contact number. Information for replacement of faulty product was given to O.P. no.2. Then one default/ automatic reply message was given by O.P. no.2 stating to link customer onsite service.
On 23.01.2024 Complainant tried to contact O.P. No.2 but it was disconnected. The O.P. No.1 customer care was informed. Complaint id No. 1W2402223145927901516 was issued and assured to resolve by 28.01.2024. On 30.01.2024 when O.P. No.1 was contacted they advised to send message to O.P. No.2. On 30.01.2024 complaint No. 5424709 was made before National Consumer Helpline. The Complainant came to know that O.P. no.1 has closed the grievance.
Being harassed and aggrieved the complaint has been filed.
- The O.P. No.1, online platform in reply submitted that O.P. No.1 has wrongly impleaded as a party. The Product is covered under manufacturer warranty. Product seller is Tech connect Retail Pvt. Ltd. The O.P. no.l1 is an online platform and protected u/s 79 of the Information and Technology Act, 2000 and Sec. 5(1) of Consumer Protection (E-commerce) Rules, 2020. The prayer sough for by the Complainant is not maintainable before the Commission.
- The O.P. No.2 manufacturer has been set ex-parte.
- Perused the documents filed by the Complainant. After delivery of the product and use faults arose in the product and the O.Ps were informed but no steps were taken for replacement of the product. The product was having manufacturing warranty of one year but the O.P. No.2 not responded nor any service provided for removal of defects.
The O.P. no.1 is an online plat form and different product seller sell their product with different policies. As per sec. 79 of the Information Technology Act, 2000 and the C.P. (E-commerce) Rules-2020 the O.P. no.1 exempted from any liability as the product is delivered. No question arises when fault arose complaint was made to O.P. no.1 who forwarded the same to O.P. No.2. The O.P. No.2 has not taken any step to handle the grievance of the Complainant, which amounts to deficiency in service. The product replacement policy, easy return policy of O.P. No.2 is not only misleading the consumers but also harassing. The O.P. No.2 without resolving the issue of Complainant remained silent which annoyed the Complainant. The faulty product is with the Complainant having without any service facility of O.P. No.2.
Taking into consideration the circumstances of the case following order is passed:
ORDER
The complaint is allowed ex-parte against O.P. No.2 and dismissed on contest against O.P. No.1. The O.P. No.2 is directed to replace the defective /faulty product within one month of this order. In case of no-replacement the O.P. No.2 shall be liable to refund Rs . 1459/- with 12% interest P.A. w.e.f. 22.01.2024 till realization. For deficiency in service and misleading advertisement the O.P. No.2 is liable to pay Rs. 25,000/- compensation and litigation expenses of Rs. 5000/- to the Complainant.
Order pronounced on open court on 2nd July, 2024.
Supply free copies to the parties.
