| Complaint Case No. CC/310/2022 | | ( Date of Filing : 06 Dec 2022 ) |
| | | | 1. Laxmi Kant Pandey | | S/o Late Ram Pravesh Pandey, 104, Madan Mohan Burman Street, KMC, P.S. - Jorsanko, Kolkata - 700007. |
| ...........Complainant(s) | |
| Versus | | 1. Flipkart India Pvt. Ltd. and 3 others | | Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, P.S. - Bellandur, Bengaluru - 560103. | | 2. Prabhu Balasrinivasan | | Director, Flipkart India Pvt. Ltd., Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, P.S. - Bellandur, Bengaluru - 560103. | | 3. The Grievance Officer | | Flipkart India Pvt. Ltd., Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, P.S. - Bellandur, Bengaluru - 560103. | | 4. The State Bank of India | | Local head office, Kolkata, Samriddhi Bhawan, 1, Strand Road, P.S. - Hare Street, Kolkata - 700001. |
| ............Opp.Party(s) |
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| Final Order / Judgement | Order No.2 15/12/2022 Ld. Advocate for the complainant is present. Ld. Advocate for the complainant submits that he was hoodwinked and captivated to disclose his account by an unknown cyber miscreant on 08/10/2015. As a result of which an order had been placed before the e-commerce website Flipkart and an amount to the tune of Rs.44,980/- (Rupees Forty Four Thousand Nine Hundred and Eighty) only was suddenly deducted from the bank account of the complainant on the same date. Thereafter, the complainant lodged an F.I.R. with Jorasanko P.S. on 08/10/2015. The complainant came to know from the investigating officer of the police case that the order placed by cyber miscreant was cancelled by the Flipkart and the Flipkart India Pvt. Ltd. had made an assurance that they will return the entire money i.e. Rs.44,980/- to the complainant. But on 26/10/2015 the Flipkart India Pvt. Ltd. only returned an amount of Rs.22,490/- (Rupees Twenty Two Thousand Four Hundred and Ninety) only in the account of the complainant. According to the complainant he, with great patience, waited for years for his money but the opposite parties did not return the remaining amount of Rs.22,490/- only to him. Complainant stated that the opposite parties are liable for deficiency in service and for unfair trade practice. On perusal of complaint and photo copies of documents we find that a sum of Rs.44,980/- only has been debited on 08.10.2015 from the account of the complainant in favour of the opposite party no. 1. But I do not find any cogent and legible paper revealed that opposite party no. 1 has returned Rs. 22,490/- only to the complainant on 26.10.2015. The complainant himself admitted that he being hoodwinked disclosed his accounts details to cyber miscreant due to which sum of Rs.44,980/- only was debited from the account in favour of opposite party no. 1 and he lodge FIR with Jorasanko Police Station. No document has been filed in support of the claim that the said amount is lying with opposite party no. 1. The complainant made no communication with opposite party no. 1 in this regard for more than six years. No demand was made by the complainant since 26/10/2015 till 05/11/2022. In view of the above, it is crystal clear that the case is barred by limitation. So, the same cannot be admitted. Hence, it is O R D E R E D that the complaint case be and the same is dismissed without cost. | |
