Orissa

Cuttak

CC/39/2020

DR Simanchal Rath - Complainant(s)

Versus

Flipkart Internet Pvt Ltd - Opp.Party(s)

self

20 Aug 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C.No.39/2020

                        Simanchal Rath,

                        S/O:Late Ramachandra Rath,

Plot No.1C/69,Sector-VIII,C.D.A,

Cuttack-753014.                                                    ... Complainant.

            Vrs.

 

FlipKart Interanet Pvt. Ltd.,

Located at:Building Alyssa,Begonia & Clover,

Embassy Tech Over,Outer Ring Road,

Devarabeesanahalli,Vilalge:Benhaluru,

Bangalore-560103.                                                      ...Opp. Party.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    11.05.2020

Date of Order:  20.08.2022

 

For the complainant:            Self.

For the O.P.                :           None.

 

Sri Debasish Nayak,President.                                                 

            Case of the complainant in nutshell is that he had purchased a Thomson LED TV (R9 80CM 32” HD ready Led TV) vide order ID:OD117007244001716000 for a consideration  of Rs.7,999/- on 8.11.2019.  On 15.11.19 there were complicacies in the power connector of the said TV for which he had to inform the customer care but no solution could be made.  The complainant had tried several times for rectifying the TV and had contacted the O.P but no result yielded for which on 19.2.20 he was constrained to send a legal notice to the O.P but still then there was no development for which ultimately he had to approach this Commission seeking to get back his paid amount for the said T.V of Rs.7,999/- from the O.P alongwith a sum of Rs.20,000/- towards compensation for mental agony as caused to him.  He also has demanded litigation cost from the O.P together with any other relief as deemed fit and proper.

            He has filed xerox copy of the payment of Rs.7,999/- as made by him and also xerox copy of the legal notice sent by him to the O.P.

            The O.P has not contested this case for which the O.P has been set exparte.

            The points for determination in this case are as follows:

            1.         Whether the case of the complainant is maintainable:

            2.         Whether there was any deficiency in service on the part of O.P?

            3.         Whether the complainant is entitled to the reliefs as claimed by him?

Point No.1.

            The averments of the complaint petition being supported by the Tax invoice copy goes to show that infact the complainant of this case had purchased one LED T.V through the O.P and from the legal notice copy, it is made to understand that the purchased TV had some defect which could not be rectified by the O.P inspite of several requests from the side of the complainant.  Thus, the complainant by filing this case, the same is definitely maintainable.  Accordingly this issue is answered in favour of the complainant.

Point No.2.

            When the purchased T.V could not be repaired inspite of several requests of the complainant.   The O.P had not listened to the requests of the complainant for rectifying the same since because it is the O.P through whom the complainant had purchased the said T.V.  Thus it can safely be said here that there was indeed deficiency in service on the part of the O.P.  Accordingly this point is answered.

Point No.3.

            From the above discussions, when the newly purchased T.V could not be rectified inspite of several requests of the complainant, the complainant by filing this case is undoubtedly entitled to the reliefs as claimed by him.  Hence it is so ordered;

 

                                                         ORDER

            This case is decreed exparte against the O.P.  The O.P is directed to refund the complainant a sum of Rs.7,999/- to the complainant alongwith interest @ 9% per annum with effect from 8.11.2019 till the total amount is quantified.  The O.Ps are further directed to pay a sum of Rs.20,000/- towards compensation to the complainant alongwith a sum of Rs.15,000/- towards the litigation cost of the complainant.  This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 20^th day of August,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                                                                                                                                                              Sri Sibananda Mohanty

                                                                                                                                Member