Orissa

Cuttak

CC/221/2023

Sanjeet Kumar Nanda - Complainant(s)

Versus

Flipkart India Private Limited - Opp.Party(s)

self

28 Feb 2024

ORDER

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

C.C.No.221/2023

 

Sanjeet Kumar Nanda,

S/o: Ranjan Kumar Nanda,

Present address CDA-Sector-8,

P.S:MarkatNagar,P.O:Abhinab Bidanashi,

Cuttack.                                                                         ... Complainant.

 

                                                Vrs.

Flipkart India Private Ltd.,@ Flipkart,

Regd. Office:Building Alyssa,Begonia Clover,

Embassy Tech Village,Outer Ring Road,

Devarabeesanahalli Village,

                                  Bengaluru,Karnataka-570103

Another address Flipkart Internet Pvt. Ltd.,

Ozone Manay Tech Park,56/18 & 55/09,

                                 7^th Floor,Garvebhavipalya,Hosur Road,

​                                  Bangalore-560068,Karnataka.                                  …..Opp.Party.

 

Present:           Sri Debasish Nayak,President.

                       Sri Sibananda Mohanty,Member.

 

             Date of filing:     30.06.2023

             Date of Order:   28.02.2024

 

For the complainant:            Self.

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

 

Sri Debasish Nayak,President.                                 

          Case of the complainant as made out from the complaint petition in short is that he had indented for chia seeds through the O.P weighing 950 gms. for a price of Rs.432/- on 27.5.2023 and the same was delivered to him on 31.5.2023.  When the complainant opened the packet, he noticed that the lid of the container alongwith it’s seal were broken and half of the chia seeds were missing.  Though the complainant had tried his best to intimate the said fact to the O.P, but he could not do so since because the Internet link of the O.P was not opening.  So, on the next day, the complainant had sent a tweet to the O.P through Twitter but no action was taken by the O.P for which the complainant had approached this Commission seeking direction to the O.P to replace the order as made by him or in the alternative, to refund the price as paid by him which is of Rs.432/-.  He has also prayed for a sum of Rs.6,000/- from the O.P towards his mental agony and harassment and has further prayed for the cost of his litigation.  The complainant has also prayed for any other order as deemed fit and proper.

Together with his complaint petition, the complainant has annexed copies of several documents in order to prove his case.

2.       The O.P has contested this case and has filed written version wherein it is stated that the complainant has suppressed the material facts and has not approached with clean hands.  It is alleged by the O.P through his written version that the complainant had tried to mislead by presenting concocted case which is liable to be dismissed being not maintainable.  According to the written version of O.P, the O.P is only an intermediary online Electronic Platform provider thereby enabling the interested traders and buyers to have their respective trades through it.  Thus, according to the written version, the O.P is in no way liable here in this case.

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

Out of the three issues, issue no. ii being the pertinent issue is taken up first for consideration here in this case.

After perusing the complaint petition, the written version, written notes of submission as filed by the O.P as well as the copies of documents available in the case record, it is noticed that infact the complainant had placed order for raw chia seeds and had paid the price thereof to the tune of Rs.432/- to the O.P of this case.  The same was delivered to him on 31.5.2023 through the O.P.  The policy through which such chia seeds were indented had no return policy.  As per Annexure-2, it reveals that the complainant had sent photograph as well as message on 1^st June of 2023 early in the morning at 6.32 A.M to the O.P requesting for replacement of the product since because the seal was tampered and broken, the lid was opened and half of the chia seeds were found to be missing.  As it appears, the O.P through their return message in reply to the message of the complainant had mentioned to access the information by following a link which has been provided by the O.P.  In reply, the complainant has mentioned that the link which was provided by the O.P, was not helping and as such, there was no solution to the grievance of the complainant.  The O.P had sent a chat to the complainant on 1.6.2023 making some pseudo concerns only.  But infact the issue of the complainant seems to have remained unsolved.  It is the bounden duty of the online intermediary electronics platform provider to provide true and complete address of the trader as and when required.  The duty of the said online e-commerce intermediary is to ensure genuine transaction/trade to be made through it.  When the complainant alleged to have received a packet which when he opened, he found that the seal of the container was tampered and broken, the lid was opened and half of the chia seeds were missing, he had immediately brought the same to the notice of the O.P and the O.P had provided a link to the complainant which was of no help to the complainant.  Though time and again the complainant went on sending messages to the O.P in this regard that his problem had remained unsolved, the O.P had turned a deaf ear and had remained silent without responding to him.  This attitude of the O.P cannot be termed here in this case that the O.P is in no way liable as alleged by the complainant. Considering the facts and circumstances of the case, it is observed here that the O.P is found to be definitely deficient in his service for which this issue goes in favour of the complainant.

Issues no.i & iii.

From the discussions as made above, the case of the complainants is definitely maintainable and the complainants are also entitled to the reliefs as claimed by them.  Hence, it is so ordered;

                                              ORDER

Case is decreed on contest against the O.P.   The O.P is thus directed to refund the cost of the chia seeds i.e. Rs.432/- to the complainant forthwith.  The O.P is also directed to pay compensation of Rs.6000/- to the complainant towards his mental agony and harassment as well as another sum of Rs.5000/- towards cost of his litigation. This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 28^th day of February,2024 under the seal and signature of this Commission.         

                                                                                             Sri Debasish Nayak

                                                                                                   President

 

 

                                                                                             Sri Sibananda Mohanty

                                                                                                           Member