1.The complaint in short is as follows: -
On 6/02/2022 complainant ordered IFB washing machine liquid detergent worth Rs.524 from opposite party through online app namely Flipkart Ecommerce App Complainant received the product on 12/02/2022. When he opened the pack for using it he realised that the product is a fake product having sticker and print of IFB which had resemblance to the original product. When complainant came to know that it is a fake product without the quality standards of original product he called the customer care of opposite party and informed his complaint to them .Then opposite party replied that there is no return policy for this product and hence they will provide original product to complainant instead of the fake product and informed the complainant that the replaced product will reach on 26/02/2022. Thereafter on 24/02/2022 opposite party informed the complainant that the original product is not in stock, hence the order is cancelled by the seller. Complainant came to know the information about the product cancellation only when he searched about the above said product in the App
2. At once he contacted the opposite party but they said that the time limit for retrieving the replacement cancellation order of 72 hours already over. Hence they are unable to replace the product. Then complainant asked the contact details of the seller to opposite party but they denied the request of complainant. Then complainant also came to know that opposite party had given a loan in complainant's name without his consent through IDFC Bank when complainant had done the transaction through Flipkart pay later. Hence complainants CIBIL score has changed. Moreover the address of opposite party given by them in all sites are also fake. The opposite party always given fake address to all the consumers and they are selling fake products in the name of original product and without the consent of complainant given a loan to complainant is clear deficiency of service and unfair trade practice from the side of opposite party. Hence this complaint.
3. The prayer of the complainant is that, he is entitled to get a Rs.10,000 as compensation for the economic loss suffered by him and Rs.1,00,000as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 10,000 cost of the proceedings.
4. On admission of the complaint notice was issued to the opposite party and notice served on them and they did not turn up. Hence opposite party set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A5. Ext.A1 is the copy of tax invoice dated 06/02/2022, Ext.A2 is the copy the screen shot of the order details , Ext.A3 is the copy of the screen shot of shipment details, Ext.A4 is the copy of the screen shot of order details of the replaced product Ext. A5 is the copy of the message from opposite party to complainant about the reason for the cancellation of the order.
6. Heard the complainant and perused the affidavit and documents filed by complainant. The allegation against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced five documents which are very supportive to prove his case. Opposite party cheated the complainant by giving a fake product instead of original product and without his consent the replacement order cancelled by opposite party and without his consent executed a loan in complainant’s name. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
7. We allow this complaint as follows:-
The opposite party is directed to pay compensation of Rs.10,000/- (Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
The opposite party also directed to pay Rs.5000/-(Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 17th day of February , 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A5
Ext.A1 : Copy of tax invoice dated 06/02/2022.
Ext.A2 : Copy the screen shot of the order details.
Ext.A3 : Copy of the screen shot of shipment details.
Ext.A4 : Copy of the screen shot of order details of the replaced product.
Ext.A5 : Copy of the message from opposite party to complainant about the
cancellation of the order.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
