Complaints filed on: 15-03-2023

                                                      Disposed on: 25-08-2023

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

          DATED THIS THE DAY 25^th DAY OF AUGUST 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER

CC.No.39/2023

Chandrashekhar C

S/o K.Chennaiah, Hanuman Nilaya,

Near Abhaya Anjeneya Swamy Temple,

PNR Palya, Tumakuru-572 106

Karnataka.

……….Complainant

(By Sri. Ravikumar .C, Advocate)

V/s

Flipkart India Private Limited,

Building Alyssa, Begonia and clover, (Flipkart

Internet Pvt Ltd), Embassy Tech Village,

8^th Floor, Block-B, Devarabisanahalli Village,

Varthur Hobli, Bengaluru East Taluk-560 103,

Karnataka, India.

……….Opposite Party

(By Sri.Ananda .V, Advocate)

:ORDER:

BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT

The complainant filed this complaint U/s 35 of the Consumer Protection Act 2019 alleging deficiency in service against the OP with a prayer to direct the OP to pay Rs.56-00 received by the OP towards supply of sacks along with interest and Rs.20,000-00 towards advocate fee and Rs.50,000-00 for mental agony.  

2.       The brief facts of the complaint are as under:-

The complainant booked six pairs of sacks on 1^st September 2022 at 3.21 AM through Shopsy by Flipkart and its order ID number was OD125883796385265000 and the same was received by the complainant on 05.09.2022 at 7.02 PM.  The complainant further submitted that in the advertisement the OP shows six pairs of sacks (pack of six), but he received only three pairs and that too the sacks were not in good quality.  Due to poor quality and deficit of pairs in the sacks, the complainant decided to return the sacks, but in the Flat form, it was mentioned “No return applicable.  It shows that there is a deficiency of service on the part of OPs.  Hence, the complaint.       

3.       After receipt of commission notice, the OP appeared through its counsel and filed the version contending that the OP is not engaged in the business of sale of any product to the end customer.  The OP is a wholesaler and is only engaged in Business-to-business (B2B) sales.  Further “Flipkart India Pvt. Ltd. is neither the manufacturer/seller of goods (Product) purchased by the complainant nor provided any platform to the complainant to redeem the same.  Hence, the OP is not a party to the transaction executed between the complainant and the seller of the product through the online platform of Flipkart Internet Pvt. Ltd.   The complainant has failed to provide any kind of documentary evidence in regard to his allegation against the OP.  The whole grievance of the complainant is against the Manufacturer and seller not against the OP and there is no deficiency of service per se on the part of OP.  On these among other grounds, it is prayed to dismiss the complaint.

4.       The complainant has filed his evidence by way of affidavit and marked the documents at Ex.C1 to C6.  In spite of sufficient opportunities granted to the OP, the OP did not file his affidavit evidence. 

5.       We have heard the arguments from complainant’s counsel.  In spite of sufficient opportunities, the OP did not address the arguments, but filed written arguments.   

6.       On perusal of complaint, version, affidavit of complainant and documents produced by the complainant, the points that would arise for our consideration are:

1. Whether there is any deficiency in service on the part of OP?

2. Whether complainant is entitled for reliefs sought for?

7.       Our findings to the aforesaid points are as under:

Point No.1: In the Negative

Point No.2: As per the final order.

:REASONS:

8.       On perusal of pleadings, evidence, documents submitted by the complainant, it is seen that the complainant ordered socks on 1^st September 2022 at 3.21 am through shopsy by Flipkart and the same was received by the complainant on 5^th September 2022 as per Ex.C5.  The allegation of the complainant is that he ordered for 6 pairs of socks, but seller sent 3 pairs socks i.e. only 6 socks.

9.       The OP contended that the OP is not engaged in the business of sale of any product to the end customer.  The OP is a wholesaler and is only engaged in Business-to-business (B2B) sales.  Further “Flipkart India Pvt. Ltd. is neither the manufacturer/seller of goods (Product) purchased by the complainant nor provided any platform to the complainant to redeem the same.  Hence, the OP is not a party to the transaction executed between the complainant and the seller of the product through the online platform of Flipkart Internet Pvt. Ltd.

10.     The Photos in Ex.C1 show only 6 socks not 6 pairs of socks.  This Ex.C1 contents other details like ordered ID, consideration at Rs.56-00, order confirmed date as 01.09.2022 and specifically mentioned that “product has no return policy”.  From the Ex.C1, it is clear that the complainant ordered for 6 socks/3 pairs of socks and with condition “product has no return policy”. 

11.     The Ex.C2 & C3 related to previous orders of the complainant.  The photos in the exhibits clearly show six pairs of socks.  The Ex.C4 related to six socks tax invoice/bill and the tax invoice also contains the condition that “Not eligible for return”.  From the above Ex.C1 & C4, we do not find any deficiency in service on the part of Flipkart and seller of these socks.  The whole transaction has taken place with the Flipkart internet Pvt. Ltd. Moreover, the OP is not proper party to the proceedings. Hence, on the ground of mis-joinder of the party and merits, the complaint is liable to be dismissed.  Accordingly, we pass the following:-    

:ORDER:

The complaint filed by the complainant is dismissed. No cost.

Supply free copy of this order to both parties

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