Orissa

Cuttak

CC/258/2022

Sagar Ranjan Nayak - Complainant(s)

Versus

Authorized Signatory,Flipkart Internet Private Limited - Opp.Party(s)

self

29 Apr 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C No.258/2022

          Sagar Ranjan Nayak,

           H/O:Ankita Das,

           At:Belelswar New Colony,

           P.O:Nayabazar,Dist:Cuttack(Odisha),

           Pin-753004.                                                                                ... Complainant.

          Vrs.

 

The Authorized Signatory

Flipkart Internet Private Limited,

Buildings alyssa,Begonia and Clove Embassy,

Tech Village Outer Ring Road,

Devarabeesanahalli Village,Bengalur,Karnataka,                                   

Pin-560103.                                                                                                      ..Opp. Party.

 

 

Present:            Sri Debasish Nayak,President.

                           Sri Sibananda Mohanty,Member.

 

Date of filing:    14.12.2022

Date of Order:  29.04.2023

 

For the complainant:                  Self.

For the O.P.                :                    None.

 

Sri Debasish Nayak,President                                                             

Case of the complainant as made out from the complaint petition in short is that he had purchased some grocery items through the O.Ponline on 24.9.22 for a sum of Rs.2495/.  The articles were expected to be delivered on 10.10.2022.  But on 10.10.22 the complainant had received one SMS from the O.P about the change of the delivery date and regarding the cancellation of the shipment.  Since then, the complainant had tried for several times in order to get delivery of the purchased grocery articles and on 4.11.22 he could know about the pending of his order but the O.P remained indifferent and according to the complainant, there was “no support” from the side of the O.P who acted like flogging of a dead horse.  It is for this, the complainant has come up with this case with the prayer seeking direction to the O.P to deliver his purchased grocery items or to refund his money as paid by him to the tune of Rs.2495/- and also to pay a compensation to him to the tune of Rs.1,20,000/-.  He has further prayed for any other relief as deemed fit and proper.

          In order to support his case, the complainant has filed copies of several documents alongwith her complaint petition.

2.       Having not contested the case, the O.P has been set exparte vide order dt.20.2.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point No.ii.

Out of the three points, point no.ii being the most pertinent issue is taken up first for consideration here in this case.

The complainant had purchased some grocery items through the O.P on 24.9.22 for a sum of Rs.2495/-online which were expected to be delivered to him on 10.10.2022.  But on 10.10.22 the complainant had received one SMS from the O.P about the change of the delivery date and regarding the cancellation of the shipment.  Since then, the complainant had tried many a times in order to get delivery of his purchased grocery articles but on 4.11.22 he could know about the pending of his order.  The O.P remained indifferent and according to the complainant, there was “no support” from the side of the O.P who acted like flogging of a dead horse.  Thus, the O.P having not delivered the purchased grocery articles of the complainant to him has committed deficiency in service and accordingly he is liable to pay compensation for the same. 

Points no.i & iii.

 From the discussions as made above, the case of the complainant is maintainable and the complainant is definitely entitled to the reliefs as claimed by him.  Hence, it is so ordered;

                                              ORDER

Case is allowed exparte against the O.P.  Thus, the O.P is directed to refund the money of Rs.2495/-  to the complainant forthwith.  The O.P is also directed to pay a sum of Rs.1,20,000/- to him towards compensation to the complainant for his mental agony and harassment alongwith his litigation cost to the tune of Rs.30,000/-.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 29^th day of April,2023 under the seal and signature of this Commission.           

                                                                                                                 Sri Debasish Nayak

                                                                                                                          President

 

 

                                                                                                       Sri Sibananda Mohanty

                                                                                                                      Member