DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.C.CASE NO. 232/2022

Soubhagya Ranjan Rout, Plot No.931/ 5419/ 6969,

Palasuni, New Colony, Rasulgarh, Bhubaneswar- 751010,

Dist - Khurda , Odisha, Ph – 9658339601

….     Complainant             

-Vrs.-

Flipkart Internet Private Limited, Buildings Alyssa,

Begonia & Clove Embassy Tech Village, Outer Ring Road,

Devarabeesanahalli Village, Bengaluru- 560103, Karnataka,

Phone – 044- 45614700, E-mail ID:- ….     Opp. Party

For the complainant      :         In person

For the OPs                             :         Exparte

DATE OF FILING         :         26/08/2022

DATE OF ORDER        :         02/05/2023

ORDER

S.TRIPATHY, MEMBER 

1.       This Consumer Complaint is filed by the complainant U/s 35 of the C.P.Act, 2019  alleging deficiency in service  and unfair trade practice against the OP.

2.       The brief  contention of the complaint is that, he after going through all the terms & conditions provided for the exchange offer, placed an order  for one new mobile set (Reno8 5G) with the  Flip kart Internet Pvt. Ltd., i.e. the OP,  vide order No. 00125541343076260000 on 23/07/2022 in exchange of  his old mobile set. On 27/07/2022 the delivery agent came to receive the old mobile set but he did not agree to receive the same saying that there was a crack on the screen of the mobile set. The complainant tried to explain him the terms and conditions of the exchange offer, still he did not receive. Thereafter, the OP cancelled the order  on 02/08/2022 without any prior intimation to the complainant and processed the refund.  Hence this complaint.

3.       Upon notice, though the OP appeared  before this Commission but did not file written version within the statutory  period of 45 days and it was set exparte and exparte hearing was taken up. 

4        Perused the materials on record. The OP had taken Rs.15,669/- from the complainant tp provide a new mobile set in exchange of the old mobile set but when the agent of the OP came to the complainant to take delivery of the old mobile set,  he found it un-suitable for exchange. Thereafter, the agent of the OP returned and the OP cancelled the order and returned the entire amount that he had taken  from the complainant. But as per the terms & condition of the contract, the OP should have taken the old mobile set and should have  supplied a new one for the money received by him from the complainant. But the OP did not do it. As it appears, the OP adopts unfair trade practice.  Hence it is ordered.

ORDER

The complaint is  hereby allowed  exparte against the OP. The OP is hereby directed  to pay an amount of Rs.3,000/- (Rupees three thousand) only,  to the complainant  for unfair practice adopted by the OP. In addition to that,  the OP is directed to pay Rs.2000/- (Rupees two thousand) only  as compensation towards  mental agony  suffered by the complainant and a  sum of Rs.1000/-  (Rupees one thousand) only towards litigation expenses to the complainant. The order be complied with by the OP   within a period of  thirty days from the date of communication of this order,   failing which the complainant will be  at liberty to execute the order  against the OP  in accordance with law.

The order is pronounced on this day the  2^nd May,  2023  under the seal & signature of the President and Member (W) of the Commission.

                                                                            (S.TRIPATHY)

                                                                               MEMBER(W) 

Dictated & corrected by me

           Member ( W) 

                                                                             I agree

                                                                                                                                                 President   

                                                                             (K.C.RATH)

Transcribed by Smt. M.Kanungo, Sr.Steno