IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Wednesday the 19th day of May, 2023.
Filed on : 24.03.2023
Present
- Sri.S.Santhosh Kumar BSc.,LL.B (President )
- Smt. Sholy.P.R, B.A.L,LLB (Member)
In
CC/No.79/2023
between
Complainant:- Opposite parties:-
1. Sri. Shaiju.K.P Chief Executive Officer, Flipkart Pvt. Ltd
Nikarthil Vaishnavi Summit, Ground Floor,
Thirunalloor.P.O 7th Main, 80 Feet Road, 3rd Block
Cherthala, Koramangala Industrial Lay out, Banglore
Alappuzha-688541 Karnataka-560034
2. Nitha.S (Exparte)
=do= =do=
O R D E R
SMT. SHOLY.P.R(MEMBER)
This is a consumer complaint filed under Sec.35 of Consumer Protection Act, 2019.
1. Material averments briefly discussed are as follows:-
The 1st complainant placed an order for a new mobile phone (Samsung S20 FE) worth Rs. 29,969/- from opposite party using the mobile number of 2nd complainant and the said product was delivered by cash on delivery on 26/2/2023. While the complainant opened the box contained the said phone, it was noticed that the said phone was an old dead phone, the display of the phone was not working at all. On that day itself the complainants made a return request to Flipkart and they accepted it. Later the opposite party informed that the said request was cancelled without stating any reason. The complainants had reopened the issue and thereafter a technician from opposite party inspected the phone and realized that the phone was defective. Subsequently the complainants have got a message from opposite party that the product would be taken back by their delivery boy on 18/3/2023 and money would be returned on 19/3/2023. After that they extended the date of return to 22/3/2023 and refund to 23/3/2023. Meanwhile on 20/3/2023 the opposite party sent a message that return request was cancelled as product mismatched. Hence the complainants filed this complaint for realizing the amount of Rs. 29,969/- along with compensation and cost.
Notice issued to the opposite party returned with endorsement “left without instruction”. Hence called absent and proceeded with exparte.
2. Points for consideration are:-
1. Whether there is any deficiency in service on the part of the opposite party?
2. Whether the complainants entitled to realize an amount of Rs. 29,969/- from the opposite party as prayed for?
3. Whether the complainant is entitled to realize an amount of Rs. 20,000/- as compensation from opposite party as prayed for?
4. Reliefs and costs?
3. Point No. 1 to 3:-
Complainant’s case is that they had purchased a mobile phone (Samsung S20 FE) for Rs. 29,969/- from the e-commerce platform of Flipkart on 26/2/2023. When they opened the box it came to their notice that the phone was not working since they realized that the phone was an old dead one and the display of the same was not working at all. On the same day itself the complainants made a return request and the same was accepted by the opposite party. Thereafter the opposite party cancelled the request. On a further request the technician from the opposite party visited the house of complainants and inspected the phone and realized that the product was defective. Thereafter the complainant got a message from opposite party that the product would be taken back on 18/3/2023 and money would be returned on 19/3/2023. Then they extended the date as 22/3/2023 and 23/3/2023 respectively. However on 20/3/2023 the opposite party messaged that return request was cancelled as product mismatched.
Notice from this Commission along with copy of complaint sent to the opposite party returned with endorsement “left without instruction”. Hence the complaint proceeded with exparte.
The 1st complainant filed affidavit in lieu of the chief examination and produced 2 documents and the disputed mobile phone. The documents are marked Ext.A1 and Ext.A2 and the mobile phone marked as MO1. Ext.A2 is the copy of Ext.A1, none other than the invoice of the product issued from opposite party infavour of the 2nd complainant. As per the said document on 20/2/2023 the 2nd complainant purchased a SAMSUNG Galaxy S20 FE 5G mobile phone through Flipkart for an amount of Rs. 29,969/-. MO1, the disputed mobile phone showed by the 1st complainant and convinced us that the display of the same is not in working condition. In the above facts and circumstances and on the basis of unchallenged complaint, chief affidavit coupled with the Ext.A1 and MO1 the complainants could have established their case and hence we are constrained to allow the complaint. However considering the facts and circumstances we limit the compensation to Rs. 5000/-. These points are answered accordingly.
3. Point No. 4:-
In the result complaint stands allowed in part.
a) Complainants are allowed to recover Rs. 29,969/- from opposite party within one month from the date of receipt of this order, failing which the amount shall carry 9% interest per annum from the date of complaint till realization. In that event the MO1 shall be returned to the opposite party.
b) Complainants allowed to realize an amount of Rs. 5000/- as compensation from opposite party.
c) Complainants are allowed to realize an amount of Rs. 2000/- as cost from the opposite party.
MO1 shall be returned to the complainant.
The order shall be complied within one month from the date of the receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 19th day of April, 2023.
Sd/-Smt.Sholy.P.R (Member)
Sd/- Sri.S.SanthoshKumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Tax Invoice dtd. 20-2-2023
Ext.A2 - copy of Tax Invoice dtd. 20-2-2023
MO1 - mobile phone
Evidence of the opposite parties: Nil
///True Copy ///
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Comp.by:
