DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 07th day of July, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
: Sri. Krishnankutty.N.K.,Member
Date of filing: 17/11/2021
CC/199/2021
Hassan.A, - Complainant
S/o. Abdulazees, Plapully,
Korrakkad, Verkoli (PO),Palakkad- 678 552.
(Adv.Prabhu Dhandapani)
Vs
1. Flipcart Internet Private Limited, - Opposite Parties
Vaishnavi Summit Ground Floor,
7th main 80 feet,Road, 3rd block, Bangalore,
Karnataka 560034
2.Savadika Retail Private Limited
Sy.No.696, Gundlapochampally Village
Medchal mandal, Ranga reddy (Dist)
Secyndrabad, Telegana. 501 401
(By Adv. )
3.POCO Service Service Center, Apsara Complex
Palakkad. 3st Znex Telecom, 1st Floor,
Mettupalayam Street, Opp. Das Agencies,
behind HDFC ATM, Tharakkad.
O R D E R
By Sri. Krishnankutty N.K., Member
1.Pleadings of the complainant in brief.
(a) The complainant made an online order for POCO-C3 brand
mobile phone on 13.04.2021 from opposite party 1. The same was delivered on 21.04.2021 through opposite party 2 which is the delivery agent of opposite party 1. The product is having a warranty of one year.
(b) The mobile phone developed some complaint after 2 weeks of
purchase and when it was taken to be opposite party 3 for servicing they refused to attend to the complaint under warranty as the warranty seals are open.
( c) The complainant mailed a complaint to the opposite party-1,
but they never responded.
2. Notices were issued to all the opposite parties. Opposite party -3
entered appearance and filed their version. Since the complainant did not take effective steps to provide the exact address of opposite parties
(1) and (2), notices could not be issued to them. Hence case as
against opposite parties 1 & 2 stands abated.
3. Opposite party 3 filed their version, but it was rejected, since it was
not in proper format and not signed by their authorized officers.
4. From 07.04.2021 onwards both complaint and opposite parties were
continuously absent and hence the complaint was taken for orders
based on merit.
5. In the absence of proof affidavits, documents for evidence, admissions
by opposite parties, arguments and counter arguments etc. this
Commission is unable to reach any conclusion regarding the merits in
this matter. Further, the continuous absence of the complainant
during the proceedings, is a clear indication that he is not interested to
pursue the case.
Hence the complaint is dismissed.
Pronounced in the open court on this the 7th day of July, 2022
Sd/-
Vinay Menon V
President.
Sd/-
Vidya.A Member
Sd/-
Krishnankutty.N.K
Member
Exhibits marked on the side of complainant
Ext. A1– Series( a to c) photos of the product.
Exhibits marked on the side of Opposite parties
Nil
Witness examined from complainant’s side:- NIL
Witness examined from opposite party’s side:- NIL
Cost: