CC/19/2024 Balram Singla Vs Flipkart India and others

Present: Complainant with Sh. Ramanjeet Singh Saini, Advocate.

  Sh. Harish Chawla, Advocate Counsel for the O.P. no.1

  Sh. Sunil Rangbulla, Advocate, Counsel for 0.P.no.2

  Sh. Rishi Kant Arora, Advocate, Counsel for 0.P.No.3

 As per avernents of the complainant in the present complaint, complainant purchased from opposite party no.3 through opposite party no.1  one Realme 108 CM (43 inch) Full HD LED Smart Android EV 2022 online by making payment through his Axis Bank Credit Card on 13.10.2023 and invoice number FADZ4J2400020181 dated 22.10.2023 for an amount of Rs.18,749/ (Rupees Eighteen Thousand Seven Hundred Forty Nine only) has been issued in this regard. And on 25.10.2023, team of the opposite party no.2 arrived at the delivery address of the LED and declared the said LED as dead on arrival. The complainant has repeatedly requested the opposite parties for refunding the amount in question. Hence, present complaint seeking directions to the opposite parties to refund Rs.18,749/- i.e. price of said defective LED along with interest besides compensation of Rs.1,00,000/- for harassment/mental agony and litigation expenses to the tune of Rs.25,000/-.

 We have carefully gone through the record. Annexure C-2 is the

Tax Invoice which shows that product LED in question has been purchased by the complainant for Rs.18,749/- from OP No.3 through O.P.no.l vide order dated 13.10.2023 and invoice dated 22.10.2023. Sh. Harish Chawla, Ld. Counsel for the OP No.l has suffered statement dated 23.05.2024 to the following effect:

 "Stated that I on behalf of the opposite party no.1 offer to refund the complainant a sum of Rs. 18,749/- i.e. the cost of the LED in question, within a period of 30 days from the date of receipt of defective LED from the complainant.”

          However, the complainant has been deprived of the use of LED in question since its purchase for which he is entitled to suitable interest, compensation and litigation expenses. As such, the present complaint is disposed off with directions to the opposite party No. 1 to take delivery of the LED in question alonwith banking details/cancelled cheque of account of complainant, from the complainant within a period of fifteen days from the date of receipt of copy of this order.And thereafter, the opposite party No.1 will  refund a sum of Rs. 18,749/- to the complainant along with interest @9% per annum from the date of purchase till actual realization and Rs. 3000/- as consolidated compensation for deficiency in service, harassment and litigation expenses within a further period of 30 days through NEFT/RTGS.  Compliance of this order be made within the stipulated period, failing which the awarded amount shall carry interest @12% per annum. Certified copy of this order be supplied  to the parties free of costs as per rules. File be consigned to the record room.

(Tajinder Kaur)              (Raghbir Singh Sukhija)                    (Vishal Arora)                                                  Member                         Member                            President                                                                                                                                                                                               03.06.2024