Chandigarh

DF-II

CC/243/2020

Sumit Syal - Complainant(s)

Versus

Flipkart International Pvt. ltd. - Opp.Party(s)

Adv. Arvinder Ahluwalia

02 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

Consumer Complaint  No	:	243/2020
Date  of  Institution	:	24.06.2020
Date   of   Decision	:	02.09.2024

 

 

 

Sumit Syal, aged 30 years, S/o Mohan Lal Syal, resident of B-264, Sector -14 Punjab University, Chandigarh.      

                                                                    .…...Complainant.

                                                Versus

1. Flipkart International Pvt. Ltd, Vaishnavi Summit, Ground Floor, 7^th Main, 80 Feet Road, 3^rd Block, Koramangala, Bengaluru-560034,  Karnataka, India through its Director/Operational Head.
2. M/s Kumar Steel, Kumar  Steel, Shop No. 10, Kaushalya State, Bandar Bagicha Patna-800001, through its Proprietor/Authorized Signatory.
3. Ekart Logistics, having through Head Office: Brigade Manae  Court, First Floor, No. 111, Koramangla Industrial Layout, Bangalore-560095, Karnataka through its Director/ Operational Head.
4. Vivo Mobile India Pvt. Ltd. Plot No. Tz-13A, Greater Noida, Noida-201310(Tech.2, World Trade Center, Techzone, Techzone, I.T. Park through its Directors.

                                                ….. Opposite Parties. 

BEFORE:        MR. AMRINDER SINGH  SIDHU, PRESIDENT

          MR. S.K. SARDANA, MEMBER

Present:             Sh. Arvinder Ahluwalia, Counsel for Complainant                          (through VC).   

                        Sh. Atul  Sharma, Counsel for Opposite Parties No.                                1 & 3.

                        Opposite Parties No. 2 & 4 (Ex-parte)

 

ORDER BY AMRINDER SINGH SIDHU, M.A (Eng.),LLM,PRESIDENT

1]             The Complainant has filed the present Complaint pleading that he has ordered one Mobile Make VIVO V17 Pro (Glacier Ice, 128 GB) online through Opposite Party No.1 Company: Flipkart and made online payment of Rs. 29,890/- on dated 25.09.2019 through PNB Credit Card. When the Complainant opened the deliver parcel through Courier Company i.e. Opposite Party No.3 then he stunned to notice that Opposite Parties have sent dummy of the Mobile Phone to the Complainant. Complainant took the Photographs of the Dummy Mobile set through his Mobile. He complained against it to the Opposite Parties but Opposite Parties did not resolve the issue of the Complainant. Complainant suffered harassment and mental agony as Opposite Parties have not refunded that amount to the Complainant and So, Lastly, Complainant prayed for Compensation and litigation costs on the ground that harassment and mental agony was suffered by the Complainant.

2]    After the service of notice upon the opposite Parties No. 1 & 3, the opposite parties No 1 & 3 appeared before this Commission through their counsel and filed written version taking preliminary objections that the present complaint is not maintainable; Opposite Party No. 1 in their written version stated that Flipkart Platform is electronic marketplace model E-commerce platform which acts as an intermediary to facilitate sale transactions between independent third party sellers and independent Customers thus the act of the seller, the marketplace E-Commerce platform or its operation entity cannot be held liable; it falls in the definition of an “ intermediary” under Section 2 (1) (w) of the information Technology Act, 2000; Moreover,  section 5 (1) Consumer Protection (E-Commerce)  rules, 2020 provide for exemption to marketplace E-Commerce entity under sub section 1 of section 79, who complies with sub-section (2) and (3) of that section; Opposite Party No. 1 is only intermediary and the not sellers of the products. Lastly, O.P.s prayed for dismissal of complaint with costs.

3]    After the service of notice upon the opposite Parties No.2 & 4 they did not preferred to be present before this commission to file written version to the complaint. Hence, they were Proceeded against Ex-parte.

4]    Replication has also been filed by the complainant thereby controverting the assertions of OP made in their written version reiterating their stand in the Complaint.

5]           Parties led evidence in support of their contentions.

6]           We have heard the Counsel for the parties and have gone through the record available on file.

7]           The main question involved in the present complaint is whether the opposite Party had adopted Unfair Trade Practice or not?

8]           In order to find answer to this question, the following facts and circumstances alongwith relevant law  are necessary to be discussed;-

9]           The Complainant has filed his affidavit to the effect that when he opened parcel then he was surprised and shocked to receive “Dummy Mobile Set” instead of Real and Original Mobile set. In his Affidavit, it is clearly mentioned that he is working as Assistant Manager in Punjab National Bank. So, Complainant is a person of repute and stating on oath that he was supplied a“Dummy Mobile Set” by the Opposite Parties. As he is stating so on oath so he version is quite believable. Moreover, the record reveals that Opposite Parties did not either refund amount of Rs. 29,890/- nor replaced the “ Dummy Mobile Set” with the Real and Original Mobile set. Thus, it caused harassment and mental agony to the Complainant for which he should be compensated. Hence, Complaint is partly allowed. Opposite Parties are directed to refund of amount of Rs. 29,890/- alongwith interest @ 9% per annum from the date of receipt of payment i.e. 25.09.2019 till the actual date of refund of amount by the Opposite Parties to the Complainant and also pay lump- sum compensation of Rs. 10,000/- within 45 days from the date of receipt of copy of this order.

10]         The pending application(s) if any, stands disposed of accordingly.

11]        The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

12]         After compliance file be consigned to record room.

Announced                                                                                             Sd/-

02.09.2024                                                                        (AMRINDER SINGH SIDHU)

     PRESIDENT

 

                                                                                           Sd/-

                                                                        (S.K.SARDANA)

                                                                        MEMBER

C.k