Orissa

Jajapur

CC/149/2023

ANIL KANTA BHADRA - Complainant(s)

Versus

FLIPKART INTERNET PRIVATE LIMITED - Opp.Party(s)

18 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION : JAJPUR : ODISHA.

Consumer Complaint No. 149 / 2023.

              Date of filing Complaint   :-   21.08.2023

                  Date of Argument         :-   05.07.2024

                     Date of Order             :-     18. 07.2024.            

Dated the 18th day of July’ 2024.

Anil Kanta Bhadra,

At. Jahal,  P.O. Beruda,

 Dist:- Jajpur,                                                                    .  .  .  .  Complainant.

                                    Versus.

The Authorised Signatory, Flipkart  Internet Pvt.Ltd, Having 

Registered Office, At. Building Alyssa Bengonia & Clover

Embassy Tech Village,Outer Ringh Road,Deverabeesanahlli

            Village, Bengaluru. Karnataka.

P R E S E N T S.

                        1. Smt.Susmita Mishra,        President.

                        2.    Sri Bibekananda Das,       Member .

               Counsels appeared for the parties.                                

For the Complainant        :-       Self 

For the O.P   :                      Sri Pratap Ch.Mohanty, Advocate & Associates.

J U D G E M E N T

PRESENTED BY SMT  SUSMITA MISHRA, PRESIDENT  :

               Complainant namely Anil Kanta Bhadra   has  filed the present consumer Complaint  against the above named O.P ( Flipkart Internet Pvt.Ltd) on 21.08.2023  through e-Filing ( Consumer Commission) on-line –Application Portal, Jajpur, alleging  deficiency in service and unfair trade practice by the O.P , caused mental agony and harassment to the complainant due to non-replacement of product nor refund of Rs.16,999/- the cost of the product.

         Brief Facts of the Case

1.  Brief facts of the case is that,  complainant had bought a product namely “ ASUS TUF Gaming B 560 M-Plus Wi-Fi Mother Board” on 04.12.2022 vide order Id: OD126701913912838000” from the O.P’s Company ( Flipkart Internet) Pvt.Ltd,Bengaluru-560103,Karnataka) through on-line transaction with an amount of Rs.16,999/- ( Rupees Sixteen Thousand Nine Hundred Ninety-Nine) only and the delivery date of the product is on 09.12.2022. In the complaint  petition, the complainant is stating that he had received the product on 11.12.2022 and after receipt of the product, he found that the product was of a different brand. So the complainant had lodged a complaint on the same day ( i.e ,on 11.12.2022) as well as applied for replacement of the product to the O.P, but in vain. After that the O.P have blocked the complainant’s Account/ profile from the O.P’s Website. The complainant is stated that he has requested the O.P in several times for providing the said service, but unfortunately the complainant has got” No support ” from the O.P’s side for which the complainant has suffered financial loss , mental agony and harassment. Further it is stated by the complainant that he had tried to intimate the O.P by way of telephonic conversation and by way of electronic mail conversation in order to solve the said issue. Complainant also sent a legal notice to the O.P on 21.12.2022. But the O.P did not response the same even after receipt of the complainant’s legal notice which amount to deficiency in service and unfair trade practice on the part of the O.P. Hence this complaint filed before this Commission.
2. After receipt of notice, Sanchi Chhabra, the Authorised Signatory of the O.P appeared and filed their written version through their learned advocate.
3. The O.P ( Flipkart Internet Pvt.Ltd, Bengaluru, Karnataka) contested the complaint by filing written reply along with preliminary objection and parawise reply to the complainant along with the supporting Affidavit, wherein it was denied all the allegations, contentions, submissions and statements of the complaint. It is submitted by the O.P that the complainant himself is the wrongdoer .in the instant matter as he has violated the policies of the platform. It is submitted by the O.P that the whole grievance of the complainant pertains to alleged delivery of different Mother board ( i.e the product) to the complainant. It is also submitted by the O.P that this O.P merely operates an online platform on which independent Third party Sellers lists and sells their products. It is stated by the O.P that the said product in the instant matter was purchased from the Third-party seller i.e “ Just Shopping Private Limited”. This independent third party sellter sold the product to the complainant and supplied it to the complainant through third party Logistic service provider. This O.P never came into the possession of the product anytime during the entire transaction. It is also submitted by the O.P that when the complainant raised its grievance with the O.P, the same was duly intimated to the seller. The seller  has confirmed that the right product in intact condition has been delivered by him and rejected  the return request of the complainant. This O.P also conducted an internal investigation into the present matter and to the Utter shock to the O.P, found the complainant to be the offender of the policies of the platform. As a result , this O.P has to block and blacklist the account of the complainant in order to protect the interest of the platform and the complainant was duly informed about the same.

The O.P is a company engaged among others, in providing trading/ selling facility over the internet through its Website “

4.We have heard arguments of both parties and carefully perused the pleadings/ complaint , written version of the O.P, written argument of the complainant and documents available on record.

5.The complainant in support of his case has filed fourteen(14) numbers of documents marked as C-1 to C-14 along with  complaint petition. On the other hand, the O.p has not produced any documents to defend his case.

6. As per record, C-2 is the “  attested copy of monthly statement of SBI Card” –Vide credit Card No.xxx xxx xxx59” in the name of Anil Kanta Bhadra, wherein it is seen that two transaction have done  for Anil Kanta Bhdara  of amounting Rs.3,995/- and Rs.11,999/- .On 22.11.2022 and 04.12.2022 respectively in favour of the O.p”s company ( Flipkart Internet Pvt.Ltd, Bangalore)

       C-7 is the” attested copy of order of the product”, wherein it is seen the complainant had ordered the product. ASUS TUF Gaming B 560 M-Plus Wi-Fi Motherboard of amounting Rs.16,999/- on dated 04.12.2022 vide Order Id: OD 1267019 13912838000 and for which he had paid Rs.16,999/- and delivery date by Sun,Dec-11,2022.

It is argued by the complainant on 04.12.2022 he had ordered and bought a product namely “ ASUS TUF Gaming B 560 M-Plus Wi-Fi Motherboard” vide order Id No. “ OD 12670191391283800” for which he paid Rs.16,999/- from SBI Credit Card A/C and the delivery date of the product got delivered on 09.12.2022, but he had received the product on 11.12.2022. After receipt of the product, the complainant found that the product was of a different brandand raised a complaint on the same day as well as applied for replacement.

                C-3 and C-4 is “ the attestedcopy of Return request received by the O.P “ of the production on dated 10.12.2022 and 12.12.2022 with the order Id No. OD 1267019139 12838000 vide Return Id No.1230326754534 71195527 and Return Id No.12102676887954323681  respectively.

               C-9 is the “ attested copy of update on the pick up of optional ( ASUS TUF Gaming B 560M-plus Wif-Fi Mother Board) vide incident: IN 221121 31701323838 473096, “ wherein it is seen that the the O.P”s were informed to the complainant through messages on G-mail are as follows:   “ Hi Anil,

We are writing to you about the pick up of your ASUS TUFGamingB 560m PLUS WI-FI MOTHER BOARD . As per the update sharedby couriers , the pick up of your product will be done by 16 December.

Further  it is argued by the complainant that the complaint has been ignored by the  O.ps executives and no replacement has been  proceeded  from the O.P’ company . Rather O.P’s  company  have blocked the complainant’s  profile from the O.P”s concerns  Website i.e “ Flipkart platform. As a result , the complainant  sent a legal notice  to the O.P on 21.12.2023 for his grievance, but in vain . ( Attached and marked as C-1), which amounts to deficiency in service and unfair trade practice on the part of the unfair trade practice on the part of the O.P

On the otherhand , the preliminary objection argued by the learned counsel on behalf of the O.p is that the complainant himself is thewrong door in the instant matter as he has violated the policies of the platform. Hence, the present complaint is not maintainable and liable to be dismissed against the O.P.

After perusal of record, it is our considered view that the O.P have miserablyfailed to establish their case in their support and have not filed a single scrap of paper to disprove the case of the complainant.

Hence, as per the above facts and circumstances, it is our considered view that, the O.phas committed gross negligence, deficiency in service and adopted unfair trade practice by not refunding theamount of Rs.16,999/-as the cost of the product which is received by the O.P, because the O.P failed to take any effective stepsto short out the problem of the complainant even after receipt of the legal notice on 21.12.2022 , for which the complainanthas suffered a lot both financially and mentally harass. Hence the order.

O R D E R     

Consequently, we direct the O.P to  refund Rs.16,999/- ( Rupees Sixteen Thousand Nine Hundred Ninety Nine) only towards the cost of the product ordered  by the complainant, and also directed the O.P to pay Rs.10,000/- ( Rupees Ten Thousand) only towards the compensation  as mental agony and harassment undergone by the complainant and Rs.2,000/- ( Rupees Two Thousand) only for the cost of the litigation to the complainant,  within a period of 45 days from the  from the date of receipt of this order, failing which the O.P shall be liable as per provision of the C.P.Act,2019.

 Accordingly the Present Consumer Complaint  bearing  C.C.Case No. 149/2022 is hereby  allowed and disposed off.

Issue extract of the order to both the parties concerned for compliance.

            Order  pronounced in the Open Commission on this the  18^th July,,2024.