Judgment : Dt.17.1.2018

Shri S. K. Verma, President

            This is a complaint made by one Dr. Jay Prakash Gupta, s/o, Late Sri Ram Chandra Gupta of Kulpi Road, Puratan Bazar, near Ration Godown, P.O. & P.S.-Baruipur, Dist.-24 Parganas, South against Corporate Office, Flipkart Internet Private Limited, Vaishnavi Summit, Ground floor, 7^th Main 80 feed road, 3^rd Block, Koramangala Industrial Layout, Bangalore-560034, Karnataka, OP No.1, Mailing Office, Flipkart Internet Private Limited, Ozone Manay Tech Park, No.56/18 & 55/09, 7^th floor, Garvebhavipalya, Hosur Road, Bangalore-560 068, Karnataka, OP No.2, Omnitech Retailer, Consulting Rooms Pvt. Ltd., House No.37/3, Old Rajendra Nagar, near Water Tank, Central Delhi, New Delhi, India-110 060, OP No.3, Omnitech Retailer, Consulting Rooms Pvt. Ltd., Municipal Premises No.312, Badu Road, Digberia, Madhyamgram, Opp. Brughtware Complex, Kolkata-700 128, OP No.4, IFB Registered Office, 14, Taratalla Road, Kolkata-700 088, OP No.5 and IFB Corporate Office, Plot No.IND-5, Sector-1, East Kolkata Township, Kolkata-700 107, OP No.6 praying for refund of Rs.8,989/-along with interest @ 16% p.a. and for compensation ofRs.50,000/- as compensation and litigation cost of Rs.15,000/-.

            Facts in brief are that Complainant, on the occasion of Dipawali Festival, placed an order for an IFB 23L Microwave Convection Oven through Flipkart having their corporate office and mailing address for cash on delivery at Complainant’s residence. The order was delivered to the Complainant’s house under P.S.-Baruipur, District 24-Parganas South. As per description of the product, OP No.1 & 2 had agreed to install it within 2-5 business days. But did not install. Thereafter, Complainant requested on several occasions to Flipkart Customer Care for installation and for demonstration but it was not done. As a result, Complainant could not use the Microwave Convection Oven. On 6.11.2016, Complainant initiated the refund process, because the actual service was not as per the description for the product related to service by OPs. Complainant sent notice. But OPs did not refund the price. So, Complainant filed this case.

            OP No.5 & 6 filed written version and denied the allegations of the complaint. Their contention is that they received the installation and demonstration request on 29.10.2016 from the seller Flipkart. As 30.10.2016 was a holiday, the technician of these OPs called the Complainant on 31.10.2016 for seeking appointment regarding the installation of the said product. The Complainant never cooperated with the OPs in the matter of installation as he wanted the installation after 10.30p.m., which was not possible for the technicians of as it was beyond the scheduled working hours. The Complainant was called up several times by the technicians but the Complainant did not take the calls or would give appointments after 10.30 p.m. These OPs sent the technicians to the Complainant’s house after duly communicating to the OP No.1 & 2. But Complainant did not cooperate in such installation. So, these OPs prayed for dismissal of the complaint petition.

            Other OP No.3 & 4 filed written version and denied the allegations of the complaint. They have specifically denied allegations and prayed for dismissal of the complaint. OP No.1 & 2 has also filed written objection against the complaint wherein they have denied the allegations and prayed for dismissal of the complaint

Decision with reasons

            Complainant filed affidavit-in-chief. All the OPs filed questionnaire to which Complainant filed affidavit-in-reply. Similarly all the OP filed evidence to which Complainant filed questionnaire to which OP No.5 & 6 filed affidavit-in-reply.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion of the complaint petition, it appears that the Complainant has prayed for refund of Rs.8,989/- because he could not use the microwave oven. In this regard, Complainant has filed copy of a tax invoice bill which reveals that Complainant paid Rs.8,989/- on 26.10.2016 and since then he could not use the microwave oven and so after being fade up he filed this complaint. Further OPs have contended with the installation could not be done as Complainant did not cooperate with them. The allegation of the OPs is that Complainant gave time to the OPs for installation after 10 p.m. There is no material to prove this allegation. In our view it became the bounden duty of the OPs to provide installation and demonstration which they did not do. Contesting the allegation of the Complainant itself alter the picture an OPs are bound to provide service after the product is delivered at the house of the Complainant.

            So, we are of the view that complainant is entitled to the prayer for relief of refund of Rs.8,989/-. In addition, Complainant has sought for compensation of Rs.50,000/- which appears to be excessive. Since the allegation of OPs is that Complainant did not cooperate, it can be said that Complainant is not entitled to the compensation. However, Complainant appears to be entitled for litigation cost of Rs.2,000/-.

            Hence,
ordered

         CC/104/2017 and the same is allowed in part. OPs are directed to refund Rs.8,989/- with litigation cost of Rs.2,000/- to the Complainant within two months of this order, in default the total amount shall carry interest @ 10% p.a. from the date of this order till realization, provided the microwave is returned to the company.