IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Dated this the 28th day of January, 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M. Anto, Member
CC No. 119/2022 (Filed on 06/06/2022)
Complainant : Anna John, aged 29 years
Kadavil House
St.James Street, Changanassery
Kottayam, India -686 101.
Mob-9447445579
(By Adv.Thomas Joseph)
Vs
Opposite party : Customer Relations Manager
Flipkart Internet Pvt Ltd
Buildings Alyssa, Begonia & Clove
Embassy Tech Village
Outer Ring Road, Deverabeesanahalli
Karnataka, India.
(By Adv.Awanish Srivastava)
O R D E R
Sri.Manulal.V.S, President
The Complainant filed this complaint Under Section 35 of Consumer Protection Act, 2019.
The facts leading to the filing of this complaint are as follows: The Complainant ordered a product from Flipkart vide Order ID.No.OD22453020789313800 on 28-03-2022 by paying the amount through online. The cost of the product was Rs.834/-. The product was to be delivered on 05-04-2022 but was not delivered. The status in the Flipkart account showed that it is delivered. On 07-04-2022 the complainant lodged a complaint regarding the non delivery of product. But there was no response from the Flipkart. Hence this complaint is filed by the complainant praying for an order to direct the opposite party to pay Rs.8,000/- or to deliver the product. Inspite of receipt of notice first opposite party neither cared to appear before the Commission nor to file version on 08-07-2022, the date on which the case is posted for the appearance of the opposite parties. Hence the first opposite party is set exparte on 08-07-2022.
Thereafter the first opposite party filed I.A.346 praying for recall the order passed on 08-07-2022. The same was allowed with a direction to the first opposite party to deposit Rs.1,000/- to the LBF. However, the opposite party without depositing the amount ordered by the commission filed the version. Hence we are not inclined to accept the version of the first opposite party and the first opposite party was set exparte. The opposite party No.2 is deleted from the party array vide order in IA 346 of 22.
The complainant filed his proof affidavit and Ext.A1 to A7 were got marked.
The points for consideration are:
1) Whether there is deficiency in service and unfair trade practice on the part of the opposite parties?
2) Whether the Complainant is entitled for the claims as prayed for ? If so, to what extent?
POINT No.1:
The Complainant ordered a product from Flipkart vide Order ID.No.OD22453020789313800 on 28-03-2022 by paying the amount online. Exhibit A1 proves that the complainant had placed an order for the products with the first opposite party on 28-03-2022. The value of the order is Rs.834/- . According to the complainant the said product was not delivered to her till the date of filing of this complaint. In order to prove the payment the complainant produced Exhibit A4 document. On perusal of Exhibit A4 we can see that it is a screen shot of the payment made to the account of the first opposite party on 20th January for an amount of Rs.529/-.
On going through exhibit A1 we can see that there is an entry that the order of the complainant has been placed on 28-03-2022 and the same was processed by the seller on 29-03-2022 and the same was shipped on the same day itself and the same was delivered to the complainant on 05-04-2022. On going through exhibit A3 we can see that the first opposite party has given instruction to the complainant to raise the complaint with the seller and provided the link for the same. It is pertinent to note that neither in the complaint nor in the proof affidavit the complainant did not disclose the name of the product which was ordered by her with the first opposite party. Moreover the complainant did not disclose the mode of payment made by her to the first opposite party. On a close evaluation of evidence we are of the opinion that the complainant has failed to prove her case with cogent evidence and the complaint is to be dismissed. Hence the complaint is dismissed.
Pronounced in the open Commission on this the 28th day of January, 2023.
Sri.Manulal.V.S, President sd/-
Smt.Bindhu.R, Member sd/-
Sri.K.M. Anto, Member sd/-
Appendix
Exhibits marked from the side of complainant
A1- Copy of order details of Flipkart.com
A2- Copy of issue raising complaints
A3- Copy of message from Flipkart customer support.
A4- Copy of a payment transaction on purchase of a product.
A5- Copy of Flipkart message.
A6- Copy of sellers bank settlement procedure.
A7- Copy of Flipkart launches private label.
By order
sd/-
Assistant Registrar
