Date of Filing: 28.02.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: JAGATSINGHPUR

Present:

                        1. Mr. P. K. Padhi          ………………..        President

                        2. Mrs. M. Swain            ……………….        Member

                                                                  C.C. No.69/2023

Prakash Kumar Sahani,

S/o. Biswanath Sahani,

Vill.- Kartutha,

P.O.- Birikhi,

P.S.- Kujanga,

Dist.- Jagatsinghpur.                                                 ……………. Complainant

                           (Versus)

1. Flipkart Internet Pvt. Ltd.,

Ozone Manay Tech Park,

#56/18 & 55/09, 7^th Floor,

Garvebhavipalya, Hosur Road,

Bangalore- 560068, Karnataka.

2. M.D., Flipkart Internet Pvt. Ltd.,

Flipkart Corporate Office at

Flipkart Internet Pvt. Ltd.,

Vaishnavi Summit, No.6/B,

       Bangalore- 560034.

3. Manager, Flipkart Internet Pvt. Ltd.,

M78, Ekamra College Rd,

Bhimatangi Housing Colony,

Bhubaneswar- 751002.

4. Branch Manager, Bajaj Finserve Ltd.

Above Vijaya Bank,

Ashirbad Nagar, Near IFFCO Chowk,

Paradip- 754120.

5. Branch Manager,

State Bank of India,

At/P.O./P.S.- Kujanga,

Dist.- Jagatsinghpur.…..… Opposite parties

For Complainant………..Mr. P.K. Mohanty & Associates

ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                           JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of C.P. Act, 2019 seeking following relief;

            “Direct the opposite parties No.1 to 4 to return the amount which has been already deducted from the S.B. account bearing No.32004490628 of the complainant with opposite party No.5 and direct opposite party No.4 to exonerate complainant from any other charges and opposite parties pay compensation towards mental agony and cost of litigation.”

            Brief fact of the case of complainant is that, complainant being in need of mobile set wanted to purchased it in online mode as all the consideration money was not with him he contacted Bajaj Fin Service Ltd. who is opposite party No.4 to finance the product and then complainant booked the mobile set VIVO Y 21 (MIDNIGHT BLUE} 128 GB of Rs.15,490/- online mode on 23.9.2021 and after just 5 minutes he cancelled the booking of the product and complainant submitted the cancellation receipt from the internet submitted with this petition.

            As complainant cancelled his order so opposite parties No.1 to 3 i.e. Flipkart Internet did not send the mobile set and the complainant is in a mind that his cancelation order is successfully placed. On 02.11.2021 complainant got a message from SBI, Kujanga who is opposite party No.5 that Rs.2,761/- and Rs.295/- has been debited from his account in favour of opposite party No.4  i.e. Bajaj Finserve. The complainant withdraw all the money that has with the account No.32004490628 of SBI, Kujanga Branch to save his money but on 05.01.2023 the agent of Bajaj Finserve i.e. opposite party No.4 intimated to the complainant that he has current outstanding of Rs.21,309/-. The complainant has not get any loan from opposite party No.4 i.e. Bajaj Finserve whereas opposite party demanded outstanding of loan account is Rs.21,309/-, hence this complaint.

            Notice was issued to the opposite parties. notice was returned back from opposite parties No.1 to 3 and opposite party No.4 refused to receive the notice and notice served to the opposite party No.5 i.e. SBI, Kujanga but did not submit any written version in this consumer complaint, so the opposite parties No.4 & 5 are set ex-parte vide order No.10 dtd.22.11.2023.

            When the complainant cancelled his order and the opposite party No.1 to 3 i.e. Flipkart confirmed it from their message on 16.11.2021 it appears as “Dear team, customer says product not taken kindly check with Flipkart and process for cancellation”, then on 19.11.2021 at 5.37 PM “Dear team, please refer below comment, Dealer confirmation on product returned required informed”. From this it is clear that product returned to them and complainant cancellation order is confirmed. It is conformed that complainant did not purchase the product and also did not take money from Bajaj Finserve as loan i.e. opposite party No.4 and opposite party No.4 debited Rs.2,761/- and Rs.295/- on 02.10.2021 from the account of complainant is illegal and arbitral and demanded Rs.21,309/- for no reason as the complainant has not taken any money from the opposite party No.4 which is negligent on the part of opposite party No.4 and amounts to unfair trade practice.

            We therefore allow the consumer complaint. The opposite party No.4 is directed to return back the money i.e. Rs.2,761/- + Rs.295/- = Rs.3,056/- with 6% interest from 02.10.2021 to till date of return to the complainant. The opposite party No.4 is further directed to pay Rs.10,000/- as compensation for mental agony and Rs.5,000/- as cost of litigation to the complainant. The entire process shall be completed within 45 days from the date of receipt of this order. Accordingly the consumer complaint is disposed of.        

            Pronounced in the open Commission on this 14^th Nov.,2024.