This case has arisen out of an application U/s 35 of the Consumer Protection Act, 2019.
The case of the petitioner is that he has placed an online order of ULTIMUS Laptop from the seller Flipkart on 11th November, 2023 & got it delivered on 18th November, 2023. After getting it restarted he found the laptop to be corrupt as the keyboard has malfunction and the performance of the laptop was not up to the mark, so he complained about it to the company/Flipkart on the next day, as it has return policy but the company refused to return the product within 07 days rather he was asked to go to Service Centre which is not available in his area. He lodged complaint with National Consumer Helpline Desk on 21th November, 2023 but didn’t get any solution from Flipkart even after weeks, finally he registered his complaint online through E-DAKHIL Portal. He examined himself as P.W.1 & submits written argument.
O.P, namely, Flipkart India Pvt. Ltd entered appearance, contested the case by filing W.V & submits written argument but didn’t adduce evidence. The case of O.P is that it is a Company engaged into wholesale cash and carry business & does not sell any product on retail basis or not engaged in the business of sale of any product to the end customer, it is a wholesaler & is only engaged in B 2 B sales. It does not operate any e-commerce platform either. The petitioner has not paid any consideration to the O.P at any point of time, thus he is not a consumer of the O.P. The petitioner appears to be aggrieved with online marketplace platform “Flipkart. Com” which is owned & operated by a separate entity incorporated under the Companies Act, under the name of “Flipkart Internet Pvt. Ltd” which is distinct & separate from this O.P. The O.P thus prays for dismissal of the case.
Point for consideration is:-
- Whether there was any deficiency in service on the part of the O.P which gives rise cause of action to file the complaint & the petitioner is entitled to get relief as prayed for?
D e c i s i o n w i t h r e a s o n s
It is undisputed that the petitioner/Bapan Oraon has placed an online order of ULTIMUS Celeron Dual Core Laptop on 11th November, 2023 vide Order ID:OD429658201934124100.
Tax Invoice shows that said product was sold by Bathla Teletech Pvt. Ltd vide Invoice No#FAJI802400079525, dated 14th November, 2023.
Return Policy:At Flipkart we try to deliver perfectly each and every time. But in the off-chance that you need to return the item, please do so with the original Brand box/price tag, original packing and invoice without which it will be really difficult for us to act on your request. Please help us in helping you. Terms & conditions apply.
The goods sold as are intended for end user consumption and not for re-sale.
Regd. Office:BATHLA TELETECH PRIVATE LIMITED, 210 Second Floor Gujrawala Town Part-2, Near North Gate Mall, NEW DELHI, DELHI-110009.
Contact Flipkart:1800 208 9898 II th November, 2023 & after restarting he found the laptop to be corrupt as the keyboard was not functioning properly and it’s performance was not up to the mark, so he complained about it to the Company next day according to return policy but the Company refused his request. He also made several online return request within 07 days as per the return policy, instead the Company misled him to go to service centre which is not available in petitioner’s area. No document is produced by the petitioner to show that he lodged online return request on the next day of receipt of laptop and/or other online return requests within 07 days from receipt of laptop as per the return policy, also no document produced to show that the Company misled the petitioner to go to Service Centre.
Main defence case is that the petitioner appears to be aggrieved with online marketplace platform “Flipkart. Com” which is owned and operated by a separate entity incorporated under the Companies Act under the name of “Flipkart Internet Pvt. Ltd” which is distinct and separate from O.P herein & that the O.P/Flipkart India Pvt. Ltd is a company engaged into wholesale cash & carry business and does not sell any product on retail basis to the end customer, but is a wholesaler is only engaged in B 2 B sales and it does not operate any ecommerce platform either, moreover, the petitioner had not paid any amount of consideration to this O.P at any point of time.
The O.P has not sold or does not have any direct or indirect role/involvement in the entire transaction of sale or purchase of said product by the petitioner and there is neither any contractual obligation binding between the petitioner & the O.P nor any privity of contract exists between them. Thus petitioner is not a consumer of the O.P herein as provided U/s 2 (1) (7) of the C.P.Act, 2019.
Under aforesaid facts & discussions & from the contents of the complaint it is thus held that grievance ought to lie against Flipkart. Com, who serves a platform for the sellers and buyers to enter into transaction of sale/purchase for wide range and category of products & present complaint petition is bad for non-joinder of party & the seller of the product is an independent 3rd party seller as evident from the Tax Invoice and O.P herein does not have any role to play in the alleged transaction & there was/is no deficiency in service on the part of this O.P & there was/is no cause of action to file this consumer complaint against this O.Ps as the complainant was/is not a consumer of O.P and accordingly petition is liable to be dismissed against the O.P & the complaint petition is not maintainable in its present form and in law.
In the result the case need be dismissed.
Hence, it is
O R D E R E D
that the C.C-01/2024 be and the same is dismissed on contest against the O.Ps.
Let a copy of this order be given to the parties free of cost.
