D.O.F:12/06/2022
D.O.O:19/05/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.121/2022
Dated this, the 19th day of May 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Preejith .M,
Vellachal (H),
Attenganam (P.O), : Complainant
Anandashram (Via),
Kasaragod.
And
Flipkart Internet Pvt. Ltd,
Building Alyssa,
Begonia and Clove, : Opposite Party
Embassy Tech Village,
Bengaluru- 560103
(Adv. Pradeep Rao M & Awanish Srivastava)
ORDER
SRI.KRISHNAN.K :PRESIDENT
The case of the complaint is that he placed an order for LED Television via online with the Opposite Party on 03/05/2022 paid its price Rs.23,499/- and Rs. 2,299/- towards additional warranty. Date agreed for delivery is 10/05/2022 Complainant wished to gift the TV set to his brother and news is spread with family members, dispatch information shows its dispatch on 08/05/2022 but did not get delivery till 10/05/2022.
The Opposite Party suggested two options. One to wait for some more days.Second to cancel the order and place another order. The Complainant agreed to wait till 18/05/2022 but till 21/05/2022 delivery is not effected. Online complaint is registered. The Opposite Party cancelled the order on 05/06/2022 and registered fresh complaint. Finally consumer complaint is filed seeking damages.
2. The Opposite Party filed written version. Contention is that complainant got refund of entire amount paid by him on 27/05/2022. The Opposite Party is only an intermediary through its web interface. Hence, Opposite Party is not liable for any relief. Complainant filed chief affidavit cross examined as Pw1 Ext A1 to A9 document marked. Opposite party not adduced evidence.
Now short question for consideration is
- Whether there is any deficiency in service of Opposite Party in cancelling the order or non delivery of item and if so whether complainant is entitled to compensate if so for what reliefs
3. The fact remains that complainant placed the online order for LED TV set and paid its price as advance. Promised delivery is not effected, but every time Opposite Party promised delivery product already reached destination point. But finally order is cancelled citing logistical issue. Any way delivery is not effected even after receiving entire money there under. Only on 22/05/2022 order is cancelled refund is effected on 27/05/2022. There is no mention anywhere in complaint or chief affidavit that complainant received entire amount paid by him.
4. In the particular case even before refund is sought Opposite Party effected refund of full amount to complainant. In fact item is dispatched as scheduled but for reasons beyond control, delivery is delayed due to by which delivery itself cancelled.
Shopping has become common in online shopping portals. Several people wait in anticipation for the special online to get the best and cheapest deals and to make their friends/ relatives by surprise by delivery of the product for occasions or otherwise, however, there sales often lead up to a huge number of order that the sellers are unable to fulfill on time or sometimes, at all. It is ultimately the consumer who suffer mental tension and agony after payment and gets late delivery of a product. Which had a guaranteed one day delivery, or no delivery of the product at all for which they paid full amount in advance.
Complainant placed his order on 03/05/2022 and delivery schedule is given and re confirmed by 10/05/2022. It was informed that product is dispatched but no delivery on 10/05/2022. Advised to wait for some more days, but in vain.Waited till 18/05/2022 as instructed. Complaint is registered via online on 21/05/2022. But Opposite Party unilaterally cancelled order and it was also informed that amount is refunded and the same is credited on 27/05/2022.
Here is a case of deliberate misleading and passing false information resending dispatch and proposed delivery of the item but cancelled after some days without and any justifiable reasons thereby able to retain money with Opposite party not only of the complainant but money paid by so many innocent online buyers anxiously waiting for product, but finally cancelling the order by refund. The unilateral cancellation, non-delivery of product citing no valid reason not taking Complainant in to confidence thereby putting complainant in a dilemma and suffered great mental tension and loss of responsibility among friends and relatives for not able to present even an LED TV on an occasion amounts to unfair trade practice and serious deficiency in service for which complainant is entitled for compensation.
Regarding quantum of compensation there is no direct evidence for financial loss or other heads. But since misleading and false information is evident from the fact that Opposite Party cancelled the order after informing dispatch and finally without informing what happened to the dispatched item Opposite Party is liable to suffer by compensation to complainant. The Commission finds that under the circumstances of the case a sum of Rs.10,000/- is reasonable compensation and also pay Rs.5,000/- as cost of the litigation.
In the result complaint is allowed in part Opposite Party is directed to pay Rs.10,000/- (Rupees Ten Thousand only) to complainant towards compensation as above and also directed to pay Rs.3,000/- (Rupees Three Thousand only) as cost of litigation within 30 days of its receipt of the order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1 to A9 – Conversation between complainant and opposite party through Flipkart.
Witness Cross examine
PW1: Preejith .M
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
