D.O.F:19/07/2019
D.O.O:31/08/2021
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.141/2019
Dated this, the 31th day of August 2021
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Shivakumar.P
Palliyath House
Near Udinur Central A.U.P School : Complainant
Udinur.P.O. Thrikaripur (Via)
Kasaragod.
And
Fllipkart Internet Private Limited
Buildings Alyssa,
Begonia & Clove Embassy Tech Village,
Outer Ring Road Devarabeesanahllil Village
Bengaluru 560103, Karnataka
(Adv: Pradeep Rao.M)
ORDER
SMT.BEENA.K.G: MEMBER
The complainant who is working as a civil police in cyber cell placed an order for data cable of i phone 6 from Opposite Party and paid the price of Rs. 849/- on that day itself. The expected date of delivery of the product was on July 10th. The Opposite Party failed to deliver the product on that date. Complainant contacted the customer care centre of Opposite Party and learned that the product reached at opposite party’s centre at Payyannur. The delay in delivery caused severe mental and physical stress to the complainant in his official duty. The complainant was constrained to travel to Payyannur and took delivery of the product from there. The irresponsibility on the part of opposite party caused financial loss, severe mental and physical strain due to the deficiency in service on the part of Opposite Party, complainant is claiming a compensation of Rs. 99,999/ from Opposite Party.
The Opposite Party filed a detailed version admitting the placement of order by complainant and the product was duly delivered on 22/07/2019. According to Opposite Party this complaint was filed on malicious ground-for illegal gains. The Opposite Party is only a seller ,courier is the service provider and they are not made party in this complaint. Complainant suppressed true and material facts. Flipkart internet private limited is a company duly registered under the provisions of companies Act 1956. That the Flipkart platform is an electronic platform which acts as an intermediary to facilitate sale transactions between independent 3rd party. Delivery of the product depends upon various factors such as sellers location, type of product, delivery address etc. There is no deficiency in service on the part of Opposite Party and this complaint is not maintainable against this Opposite Party. Hence this complaint may be dismissed with compensatory costs.
It is the responsibility of opposite Party to select and implead necessary parties they had sufficient time to implead the parties. Only Opposite Party knows the correct address of those parties. Opposite Party submitted a detailed version but they did not establish those points while cross examination.
Complainant filed chief affidavit and was cross examined by the counsel of Opposite Party as Pw1, documents produced are marked as Ext A1 to A3. Opposite party did not adduced any evidence even after allowing sufficient time. Heard both the parties. The issues raised for consideration are
- Whether there is any delay in delivering the product by Opposite Party?
Whether there is deficiency in service on the part of Opposite Party?
- If so what is the relief?
ISSUE NO:1
The grievance of the complainant is with respect to the delay in delivery of an order for data cable of I phone on 4/07/2019 for Rs849/-. The seller flipkart showed the delivery date by 10/07/ 2019 but they could not deliver the product on that date. The complainant who is working as a civil police in cyber cell was badly in need of the product and it was not available anywhere in Kasaragod district. The delay in delivery of the product by Opposite Party caused heavy loss and mental stress to the complainant. Ext A1 is the g mail copy of track order, Ext A2 is the invoice, Ext A3 is the g mail copy showing delivery of the product. Complainants case tallies with the documents produced by him. The order placed by the complainant on 04/07/2019 by outline platform of Opposite Party and Opposite Party showed the date of delivery on 10/07/2021 but actual date of delivery is 22/07/2019. In the absence of corroborating evidence we are of the view that there is delay in delivery of the product by Opposite Party. Ext A3 proves that the product was delivered on 22/07/2019 after12 days of the assured date of delivery. There is deficiency in service on the part of opposite parties. Which caused financial loss and physical and mental strain to the complainant. Opposite party is bound to compensate the loss and hardships suffered by the complainant due to his negligence. The grievance of the complainant is that he lost the faith of his superiors’. Certainly there is deficiency of service on the part of opposite party’.
ISSUE NO: 2
The complainant’s claim is for compensation of Rs.99,999/- is baseless and too high moreover Opposite Party had already contented that this complaint is on malicious grounds for illegal gain. So we are of the opinion that an amount of Rs. 5000/- is a reasonable compensation in this case.
Therefore complaint is allowed directing opposite Party to pay compensation of Rs. 5,000/- (Rupees Five thousand only) along with Rs. 3000/- (Rupees Three thousand only) towards costs to the complainant within 30 days from the date of receipt of this order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- G Mail copy
A2- Invoice
A3- G mail copy
Witness Examined
Pw1. Sivakumar.P
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
