Orissa

Cuttak

CC/396/2023

Dr Sunil Kumar Rath - Complainant(s)

Versus

Flipcart Internet Pvt Ltd - Opp.Party(s)

Self

12 Jun 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.396/2023

 

Dr. Sunil Kumar Rath,

S/o: Simanchal Rath,Plot No.3C/876,

Sector-10,CDA,Cuttack-753014.                                     ... Complainant.

 

                                                Vrs.

FlipKart Internet Pvt. Ltd.,

At:Buildings Alyssa,Begonia & Clover,

Embassy Tech Over, Outer Ring Road,

                                  Devarabeesanahalli,Village:Behnaluru,

                                   Bangalore-560103.

 

 

Present:           Sri Debasish Nayak,President.

                                    Sri Sibananda Mohanty,Member.

 

             Date of filing:       04.12.2023

Date of Order:     12.06.2024

 

For the complainant:            Self.

For the O.P.                :            Mr. S.K.Mohanty,Adv. & Associates.

 

Sri Sibananda Mohanty,Member.

Case of the complainant in short is that he had purchased KASSA STAINLESS STEEL HANDI SET LID, ‘5’ PC through order No.OD329615574632661100 dt.7.11.2023 from the O.P on payment of Rs.556/-,  which was delivered to him on 18.11.2023.  After receipt of the said product, the complainant alleged to have noticed some issues in the said product i.e.  damaged condition and poor quality. It is stated by the complainant that he intimated to the O.P about the defects in the said product but the O.P blocked his I.D without taking necessary steps.  The complainant finally stated to have sent legal notice on 24.11.2023 to the O.P which remained unanswered.  The complainant’s repeated requests to the O.P did not yield any result as such alleging deficiency in service on the part of the O.P he has filed the present case with a prayer for a direction to the O.P to refund the cost of the above said shirt i.e. Rs.556/- and has claimed compensation for a sum of Rs.1,00,000/- towards his mental agony and harassment as well as cost of litigation from the O.Ps.

          Alongwith his complaint petition, the complainant has filed copies of some documents in order to prove his case.

2.         The O.P has contested this case and has filed it’s written version.  As per the written version of the O.P, this case is not maintainable which is liable to be dismissed.  According to the O.P, the complainant has suppressed the material facts.  It is stated by the O.P that he is not the seller of any product but is an online intermediary providing e-commerce platform to the buyer as well as to the independent third-party seller.  As per the O.P, the product which was indented by the complainant was purchased from the third-party seller i.e. Jensons International and the same is evident from the copy of Tax invoice/annexure attached by the complainant and the O.P has no role to play in the matter. According to the O.P, the complainant was found to be a habitual abuser of the seller’s return policy as he had a long history of creating return requests on similar false and frivolous grounds and obtaining refunds against such return requests.  Thus, in toto as it appears from the written version of the O.P that the O.P is in no way liable here in this case for which it is prayed through the written version to dismiss the complaint petition as filed by the complainant.

3.        Keeping in mind the averments as made in the complaint petition and the contents of the written version of O.P, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion here in this case.

            i.  Whether the case of the complainant is maintainable?

            ii.  Whether there was any deficiency in service on the part

                 of the O.P ?

                           iii. Whether the complainant is entitled to the reliefs as

                                claimed by him?

Issue no.ii.

              For the sake of convenience, issue no.ii  is taken up first to be considered here in this case.

              After perusing the contents of the complaint petition, written version of O.P, written notes of submissions from either sides as well as the documents available in the case record, it is noticed that the plea of the complainant is that he had purchased    KASSA STAINLESS STEEL HANDI SET LID, ‘5’ PC through order No.OD329615574632661100 dt.7.11.2023 from the O.P on payment of Rs.556/-, which was delivered to him on 18.11.2023  were in damaged condition and of  poor quality.  But, while perusing the copies of documents as filed by the complainant himself, it is noticed that the complainant has filed no scrap of document in order to appraise this Commission that infact the complainant had placed order for a KASSA STAINLESS STEEL HANDI SET LID, ‘5’ PC of a particular form and quality.  When the complainant has not proved that he had placed order for the product, which he has mentioned in his complaint petition, this Commission has no plausible ground to implicate the O.P to be deficient in providing service to the complainant here in this case.  Hence, this issue goes against the complainant.

Issues no.i & iii.

               The present O.P is only an intermediary.   The documents as filed by the complainant reveals that he was aware about the name of the seller who is a necessary party in this case but the complainant has not made him a party in the present case.  As such the case of the complainant is not maintainable on that ground alone. In view of the discussions made above, the complainant is not entitled to any relief as claimed by him.

 

 

                                                  ORDER

            Case is dismissed on contest against the O.P and as regards to the facts and circumstances of the case without any cost.

                Order pronounced in the open court on the 12^th day of June,2024 under the seal and signature of this Commission.                                                                                                                                                                               

                                                                                           Sri Sibananda Mohanty

                                                                                                         Member

                                                                                            Sri Debasish Nayak,

                                                                                                      President