IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 19th day of August, 2022.
Present: Sri. Manulal V.S. President
Sri. K.M. Anto, Member
C C No. 161/2021 (Filed on 24/08/2021)
Petitioner : Ambili S.
Puthenparambil House,
Nethaji Nagar,
Mullankuzhi, Kottayam
Pin-686002.
Vs.
Opposite parties : Flipkrt India Private Limited
Buildings Alyssa, Begonica
Clover, Embassy Tech village, Outer Ring Road, Deverabee Sunahalli village, Bengaluru, Karnataka Pin - 560103
(Adv. Thomas Joseph)
O R D E R
Sri. K.M. Anto, Member
The Complaint is filed under Section 35 of the Consumer Protection Act, 2019.
The brief of the complainant’s case is as follows.
The complainant gave order for items worth Rs.1,316/- from the opposite party on 19-05-2021 at 5.25 pm with Order No.OD121828058604051000. The complainant had cancelled 5 items from the Order on the same day at 8.00 pm. These products had an offer of 5%, 7% and 10%. The 6th item was worth Rs.83/- and was cancelled on 25-05-2021 and the refund amount was received. But the refund of Rs.1,233/- for the 5 items were not received. The complainant had made the payment using debit card. In the order page in the opposite party site, it is stated that the refund was given and a reference number 469409 is also given. The complainant contacted the customer care of the opposite party and registered the complaint. The customer care directed to contact the bank with reference number. On approaching the bank, they informed that nothing can be done from the side of the bank. The transaction statement and the reply received from the bank were mailed to the opposite party. But no action was taken by the opposite party to refund the amount of Rs.1,233/- to the complainant. Hence this complaint.
On admission of the complaint, copy of the complaint was duly served to the opposite party. The opposite party appeared and filed version.
The version of the opposite party is as follows.
The whole grievance of the complaint pertains to non-refund after the cancellation of the order of the complainant. The opposite party Flipkart India Pvt. Ltd. does not provide any platform to the end-customers for placing any order or any sole purchase services. The complainant appears to be aggrieved with the market place platform ‘flipkart.com’ which is a separate entity, incorporated under the Companies Act, under the name Flipkart Internet Private Limited which is distinct and separate from the opposite party.
The opposite party Flipkart India Private Limited is engaged into wholesale cash and carry business. The opposite party is not involved in sale of any product to the end customer. The opposite party is a wholesaler. The opposite party has never been engaged in selling products on retail basis and has never sold any product to the complainant. (The present complaint is bad for non-joinder of parties). The complainant has not paid any consideration to the opposite party. The complainant is not a consumer of the opposite party. The complainant is not entitled for any claim or relief from the opposite party.
The complainant failed to appear before this Commission after filing of this case. The complainant failed to adduce evidence or to file proof affidavit. Hence the documents filed along with the complaint were marked as Exts.A1 to A3.
On the basis of the complaint, available evidence and version of the opposite party, we would like to consider the following points.
- Whether there is deficiency in service on the part of the opposite party?
- If so, what are the reliefs and costs?
Point No.1 and 2
Ongoing through the complaint, version of the opposite party and evidence on record, it is clear that the complainant had given orders for items worth Rs.1,316/- from Flipkart on 19-05-2021 with order No.OD121828058604051000 and had cancelled 5 items from the order on the same day. The sixth item worth Rs.83/- was cancelled on 25-05-2021 and complainant received the refund for this item. But the refund of Rs.1,233/- for the 5 items which were cancelled on 19-05-2021 was not received by the complainant.
Ext.A1 is the statement of account of the complainant from the State Bank of India, Kottayam Civil Station Branch, which shows a payment of Rs.1,316/- Ext.A2 is the reply received from the State Bank of India reporting that the payment of Rs.1,233/- refund from Flipkart has not been credited to the account of the complainant. Ext.A3 is the message received from the customer support of Flipkart, which states that the seller had processed the refund of Rs.1,233/- on 19th May, 2021 to the debit card account and it should have been credited by 26-05-2021 with refund reference number VSM29981583171 with code 469409.
In Ext.A1 statement of account, an amount of Rs.1,047/- is seen credited to the account of the complainant as RFNDFLIPKART on 28-05-2021.
The opposite party in its version stated that they had not sold any product to the complainant and the market place entity Flipkart.com is a separate entity. The opposite party does not provide any platform to the end consumers for placing any order or sole-purchase services. The complainant failed to provide any evidence either to contradict the version of the opposite party or to add the market place entity Flipkart.com as an opposite party.
On the basis of the above findings, we are of the opinion that the complainant has failed to prove deficiency in service on the part of the opposite party. The Points No.1 and 2 are not found in favour of the complainant. The complaint is dismissed.
Pronounced in the Open Commission on this the 19th day of August2022
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Exhibits marked from the side of complainant
A1 – Copy of bank transaction statement
A2 – Copy of E-mail
A3 – Copy of E-mail from `Flipkart
Exhibits marked from the side of opposite party
Nil
By Order
Assistant Registrar
