IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

Friday the 28^th  day of  April, 2023.

                                      Filed on : 15.03.2023

Present

1. Sri.S.Santhosh Kumar  BSc.,LL.B  (President )
2. Smt. C.K.Lekhamma, B.A.L,LLB (Member)

In

CC/No.74/2023

between

Complainant:-                                                         Opposite parties:-

1.       Sri.  Arun.R                                                        Flipkart India Pvt. Ltd                                          

Manjanikattil                                                        Vaishnavi Summit, Ground Floor    

Mahadevikadu.P.O                                              7^th main, 80 feet Road                            

Karthikapally. 690516                                            3^rd Block, Koramangala Industrial

2.       Shan                                                                   layout, Banglore

          Nallathu,  Mahadevikadu.P.O                               Karnataka (w) -560034

          Karthikapally.                                                      (Exparte)

          (Party in person)

O R D E R

C.K.LEKHAMMA(MEMBER)

1.      Brief facts of the complainant’s case is as follows:-

The complainant ordered a  Toy bike worth  Rs. 11,998/- from the opposite party on 19/10/2022 by using a credit card facility of his friend.  The same day at 10.39PM the  confirmation of said order was received from the opposite party. But the product did not arrive on the assured date  the opposite party was contacted  it was informed through communications  that the delivery will be made on another day.  Thereafter  the expected day of delivery  has been  changed to various dates by the opposite party.   But the product was not delivered.   Later on 4/3/2023 the  opposite party cancelled the said order.  The said acts of opposite party caused  mental agony  to the complainant and his family. Hence filed  this complaint seeking compensation for deficiency in service from the opposite party. 

2.    Points that arose for consideration are as follows:-

1. Whether the complainant is a consumer?

2.  Whether the complainant is entitled to get any reliefs    from the opposite party?

3.  Reliefs and costs?

 The complainant appeared in person filed proof affidavit and documents Ext.A1 to A10 were marked. Opposite party remained absent  and proceeded with exparte. 

3.   Point No. 1:-

 On perusal of the  evidence on records  it is found that  it was an online transaction and such transactions there is an understanding  between the customer and the seller that the price of the  product will be paid only after the delivery of the product.   The case on hand the opposite party  had  promised to supply the disputed product to the complainant.  It is evident from Ext.A1 to A10 order details.  Hence the complainant is come under the purview of the definition u/s 2(7) of the  Consumer Protection Act, 2019. Therefore the  1^st point is found infavour of the complainant.

4.         Point No. 2:-

 Ext.A1 to A10 are the copies of online order details  reveal that the complainant ordered the disputed toy from the opposite party.  In Ext.A1 it is mentioned the said order confirmed on 19/10/2022 and the product shipped on 20/10/2022.  As per  Ext.A1 the expected date of  the delivery of the product changed from 28/10/2022 to 14/11/2022.  Thereafter in Ext.A3 to A10 the expected date of delivery has been changed to various dates. At last it can be seen from Ext.A10 the said order was cancelled on 4/3/2023.  It seems that the  above acts of opposite party the complainant suffered mental agony and inconvenience which attributed deficiency in service.   Moreover opposite party  remained absent since they failed to adduce sufficient evidence to substantiate their part.  In the above circumstances,  we have no hesitation to hold that the opposite party committed deficiency in service therefore the complainant is entitled to  compensation from the opposite party.

5.        Point No. 3:-

 In the result complaint is allowed in part and direct as follows:-

a)  Opposite party is liable to pay Rs. 2500/-(Rupees Two thousand five hundred only)  towards compensation for deficiency in service to the complainant, failing which  the said amount shall carry interest @ of 9% per annum from the date of order till realization.

b) Opposite party is also liable to pay Rs. 500/- (Rupees Five hundred only)  towards litigation costs to the complainant.

The order shall be complied within one month from the date of receipt of this order.

Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the  28^th   day of April 2023.

                                  Sd/-Smt. C.K.Lekhamma(Member)

                                           Sd/-Sri.S.Santhosh Kumar(President)

Appendix:-Evidence of the complainant:- 

Ext.A1 to A10                -   Order Details

Evidence of the opposite parties: Nil          

                                                      ///True Copy ///

To     

          Complainant/Oppo.party/S.F.

                                                                                                     By Order

                                                                                                 Assistant Registrar

Typed by:- Br/-

Comp.by: