ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:
JUDGMENT
Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;
“Direct the opposite parties to pay sum of Rs.42,989/- towards financial loss and also pay compensation towards cost of litigation”.
Brief fact of the case is that complainant has purchased K6 Power K33a42 from Happiness Pvt. Ltd., through Flipkart Online mode for a consideration of Rs.9,999/- on 19.4.2017. After some days the said device has shown problem of overheat, mic & setting issues. The device was sent to Hara Agency vide their manual job sheet No.916 dt.01.7.2017 and rest accessories returned to Lenovo by speed post dt.08.7.2017. But the defect cannot be removed by the opposite parties, hence this complaint.
As it is a year old case i.e. 2017 again Regd. Letter was sent to both the parties i.e. on 23.11.2023 is fixed for final hearing of the consumer complaint.
Neither complainant nor his counsel appear before this Commission. Opposite parties No.2, 3 & 4 are set ex-pa rte vide order No.6 dt.14.12.2017. Counsel for opposite party No.1 (Flipkart Internet (P) Ltd., appear before this Commission and states that they provide online market place platform/technology and/or other mechanisms/services to sellers and buyers of the product to facilitate the transactions electronic commerce for various goods.
The said Flipkart platform is an electronic platform which acts as an intermediating to facilitate sale transaction between independent third party sellers and independent customers. The independent third party seller use the Flipkart platform to list advertise and offer to sell their products to the users/buyers who seat in the website, so there is no deficiency on the part of opposite party No.1 i.e. Flipkart.
As it is a year old case, so it has been infructous so the consumer complaint is dismissed without any cost.
Pronounced in the open Commission on this 14th Dec.,2023.
