DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 4^th day of July, 2023

Present : Sri.Vinay Menon V., President

             : Smt.Vidya A., Member                       

             : Sri.Krishnankutty N.K., Member         Date of filing: 15/09/2022 

CC/172/2022

Premakumar. M.P

    S/o P.Prabhakaran Kartha,

    Pothengil Kovilakam (House),

Nellaya (Post), Cherpulassery (Via)

Palakkad – 679 335                                                      -           Complainant                                           

                                                           V/s

1. Flipkart India Pvt. Ltd.,

    Vaishnavi Summit, Ground Floor,

    7^th Main, 80 Feet Road, 3^rd Block,

Koramangala, Industrial Layout,

Banglore – 560 034.

2. M/s Cherry Manufacturing,

    DLF Industrial Area Phase,

    Faridabad – 121 003.                                                  -         Opposite parties

    (Both opposite parties - Ex-parte)

O R D E R

By Smt. Vidya.A, Member

1.  Pleadings of the complainant in brief

      The complainant ordered a radiant cooktop Dice 1-121, through Flipkart(1^st opposite party) on 5/10/2021 and received it on 11/10/2021. The product has a warranty of 2 years. After March 2022, two or three lines were seen on the side of the pot while cooking and after 2 weeks, it gradually broke. It only got a crack in the part where the pot is placed for cooking and the rest of the frame is fine. The product did not have the metallic frame under the glass which is a sign of quality. The radiant cook top which is sold to the complainant is of poor quality and it has manufacturing defect. The complainant contacted the customer care of Flipkart several times for resolving the issue; but each time they ended it up saying that the issue is resolved. So he approached this Commission for directing the 1^st opposite party to refund Rs.2204/- being the price of the product and Rs.20,000/- as compensation for the loss suffered by him.

2.   Complainant was admitted and notices were issued to the opposite parties. Notices sent to the opposite parties returned. Complainant produced e-mail ids of both opposite parties and notice was served on them. But they did not appear or file version. So both opposite parties were set ex-parte.

3.   Complainant filed proof affidavit and Exts. A1 to A3 were marked from his side. Ext. A1 is the ‘Tax invoice’ dated 5/10/2021 issued by the opposite parties for the purchase of Dice 1-121 Radiant cook top for an amount of Rs.2204/-. Ext. A2 is the “warranty card” showing 2 year warranty for the product.

4.   Complainant’s grievance is that the radiant cook top which he purchased through 1^st opposite party delivered to him on 11/10/2021, became defective on March 2022 and in 2 weeks it broke. The product which has warranty for 2 years and he contacted the 1^st opposite party’s customer care for resolving the issue. But they closed the issued saying that the problem is not resolved. Ext. A3 is the copy of the e-mail send by 1^st opposite party to complainant in which it is stated that the problem will be resolved by 22^nd July 2022.

5.   Accordingly to the complaint, the 1^st opposite party did not resolve the issue. Since the opposite parties remained ex-parte, the complainant has only to prove a prima facie case against them and the complaint has succeeded in proving this.

6.   From the pleadings and documents, it appears that the product became defective within 6 months of its purchase and the opposite parties are bound to compensate the complainant for that. The complainant suffered mental agony and financial loss due to the acts of the 1^st opposite party.

                In the result the complaint is allowed. We direct

(1) Flipcart (1^st opposite party) to refund Rs.2204/- the price of the product  

     with 10% interest from 15/09/2022(date of complaint till realization).

(2) The 1^st opposite party is directed to pay a compensation of Rs.10,000/- for    

    the mental and financial loss suffered by the complainant and Rs. 5000/- as 

     cost of the litigation. 

The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.250/- as solatium  per month or part thereof till the date of payment.

Pronounced in open court on this the 4^th day of July, 2023.

                                                                                    Vinay Menon V

                                                                               President                                             

                                                       Sd/-

              Vidya.A

                             Member

                                                                                             Sd/-

                                                                                  Krishnankutty N.K.

                                                                                           Member

APPENDIX

Documents marked from the side of the complainant:

Ext. A1: Tax invoice dated 5/10/2021

Ext. A2: Warranty card.

Ext. A3: copy of the e-mail send by 1^st opposite party to complainant.

Documents marked from the side of opposite parties:

Witness examined from the complainant’s side: Nil

Witness examined from the opposite parties side: Nil

Cost:  Rs.5,000/-

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.