By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows:-
On 22/08/2022, complainant ordered the product HERBA LIFE WEIGHT LOSSCOMBO through the opposite party Flipkart India Private Limited and he prepaid the full amount of Rs 2,775/- by using his credit card on the same day to opposite party. Complainant got the product on 01/09/2022. While opening the packet it is seen that there is a cardboard piece inside the packet received by complainant instead of the ordered product. There is only a small cardboard cover and complainant informed this to opposite party on the same day and complainant asked to refund the amount of Rs.2,775/- which he already paid to opposite party. Then one of the executive of the opposite party assured the complainant that since the company won’t be able to refund the amount that complainant paid, but he promised that they will replace the product with original product on or before 13/09/2022. After few days, courier service person came and taken the product from complainant’s house. But on the same day, complainant got a call from the courier service person and he told to complainant that he cannot take the product because the delivered product is not the actual one so that they cannot keep the product with them.
2. Complainant waited for the replacement of the product. On 10/09/2022 complainant came to know from Flipkart application that his order for replacement was cancelled. Thereafter, he contacted the opposite party again to inform that the replacement order has been cancelled. Then opposite party stated that it’s a technical error and they cannot do replacement orders again. Complainant again stated that the promises made by opposite party are fake promises and assurances. Complainant says that he has got any positive response till this date. Thereafter also complainant had contacted opposite party, but they tried to escape from their liability and stated that they are unable to replace the product. Due to the cheating, unfair trade practice and deficiency of service from the side of opposite party, complainant suffered mentally and financially. Hence this complaint .There is a clear deficiency in service and unfair trade practice on the part of opposite party and which caused mental agony, physical hardships and sufferings to the complainant.
3. The prayer of the complainant is that, he is entitled to get a full refund of Rs. 2,775/- the cost of the Herba Life Weight Loss Combo, Rs. 50,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 30,000/- as cost of the proceedings.
4. On admission of the complaint notice was issued to the opposite party, but the notice returned stating that opposite party ‘’left the place without instruction’’. Hence we considered and treated as notice served to opposite party. Hence opposite party set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A8. Ext.A1 is the copies of the order details and delivery details (4 pages.). Ext.A2 is the copies of the picture of the product and its specification which complainant had ordered (2 pages). Ext.A3 is the copies about the seller contact details and product quality and service quality (2 pages). Ext. A4 is the copies of the tax invoice. Ext. A5 is the copy of transaction details (2 pages). Ext. A6 is the copies of delivery details and the request for return of the product (3 pages). Ext. A7 is the copies of the call details from the Flipkart Customer service (6 pages). Ext. A8 is the copy of the Gmail sent by complainant to opposite party about the grievance regarding the product purchased by him from flipkart (4 pages).
8. Heard the complainant and perused the affidavit and documents filed by
complainant. The allegation against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced eight documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
9. We allow this complaint as follows:-
- The opposite party is directed to refund Rs.2,775/-(Rupees Two thousand seven hundred and seventy five only) the cost of the Herba Life Weight Combo the complainant.
- The opposite party is directed to pay compensation of Rs.20,000/-(Rupees Twenty thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs. 5000/- (Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 12th day of April, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A8.
Ext.A1 : Copies of the order details and delivery details (4 pages.).
Ext.A2 : Copies of the picture of the product and its specification which complainant
had ordered (2 pages).
Ext.A3 : Copies about the seller contact details and product quality and service
quality (2 pages).
Ext.A4 : Copies of the tax invoice.
Ext.A5 : Copies of transaction details (2 pages).
Ext.A6 : Copies of delivery details and the request for return of the product
(3 pages).
Ext.A7 : Copies of the call details from the Flipkart Customer service (6 pages).
Ext.A8 : Copies of the Gmail sent by complainant to opposite party about the
grievance regarding the product purchased by him from flipkart (4 pages).
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
