CC/29/2024 Gursharan Singh Vs. Flipkart Internet
Present: Complainant in person.
Sh. Harish Chawla, Advocate counsel for OP.
As per averments of the complaint in the present complaint, the complainant had purchased one Sujata Juicer, mixer and grinder from website of opposite party for a sum of Rs.6599/- and on 23.12.2023, the opposite party cancelled the product of the complainant and refunded the amount of Rs.6599/- to the complainant without his permission or notice. And the complainant claims in the present complaint compensation for mental harassment, agony and deficiency in service alongwith litigation expenses.
We have carefully gone through the record. The sale of Sujata Juicer, mixer and grinder for Rs.6599/- on 06.12.2023 and refund of said amount to complainant after cancellation of the order on 23.12.2023 is duly admitted by opposite party and is also clear from the documents Ex. C-1 to Ex.C-10 placed on record by the complainant. Today, Sh. Harish Chawla, Ld. Counsel for the opposite party has suffered statement to the following effect:-
“Stated that a refund of the disputed amount i.e. Rs.6599/- has already been made to the complainant. The opposite party further offers to pay to the complainant a sum of Rs.1500/- as compensation”.
However, the complainant has been deprived of the delivery of said product despite making payment leading to harassment which amounts to deficiency in service on the part of opposite party for which the complainant is entitled to suitable compensation and litigation expenses. As such, the present complaint is disposed off with direction to opposite party to pay to the complainant Rs.1500/- as compensation for mental harassment and deficiency in service and a sum of Rs.1000/- as litigation expenses within a period of 45 days through NEFT/RTGS. Compliance of this order be made within the stipulated period, failing which the opposite party shall liable to pay Rs.2000/- as additional compensation to the complainant. Certified copy of this order be supplied to the parties free of costs as per rules. File be indexed and consigned to the record room.
(Tajinder Kaur) (Vishal Arora) Member President
02.07.2024