ORDER

By Sri. MOHANDASAN.K, MEMBER

1.          Complaint in short is that the complainant ordered one mobile phone through Flipkart online shopping application on 05-06-2019. His order was for Asus ZenFone Max Pro M2 (Titanium, 64 GB) Mobile phone.    On 08-06-2019 the phone was delivered to him through a courier service located at Nilambur.  He paid Rs. 13,999/- (Rupees Thirteen thousand nine hundred and ninety nine only) to the delivery agent as the cost of the phone. While he opened the courier box it was found that the phone delivered to him  was a different one.  It was Asus ZenFone  Max Pro M1(Blue 32 GB)  mobile phone worth Rs. 7,999/-(Seven thousand nine hundred and ninety nine only).   Immediately on the same day he sent return request through Flipkart online shopping.  On 09-06-2019 he got an Email refusing his request. Then the complainant  enquired  by calling  customer care  and he was informed that  his request  for return was rejected  due to   non replying  to Email  of  opposite party.  Then complainant replied to Email messages. Thereafter, opposite party informed the complainant that his grievance will be considered within  12-06-2019   and on that day he got  another Email stating that his grievance will be considered within  14-06-2019.  After that he got another Email stating that  his request for return as  refused.  Thereafter also complainant sent Email on 17-06-2019.   At that time the reply was his complaint will be considered within 20-06-2019.  Meanwhile a person  namely Manohar  called complainant on behalf of the Flipkart and talked about the issues . As per the request of Mr. Manohar the complainant sent 6 photos of mobile phone through WhatsApp.    Thereafter Mr. Manohar requested complainant to sent the invoice of the mobile phone. But there was no invoice received by the complainant and so the complainant sent a video taken   at the time of opening courier box. Then without any delay opposite party sent Email refusing the request of the complainant.  Again he sent messages continuously on different dates requesting to take back the mobile phone which is not ordered by him.  Since the opposite party is not prepared to consider the grievance of the complainant, he approached this Forum seeking an amount of Rs.70,000/-(Rupees Seventy thousand only) as compensation. 
2.         On receipt of the complaint Forum issued notice to the opposite party.  Opposite party not entered appearance  and so set exparte. 
3.         Complainant filed chief affidavit  in lieu of evidence and produced four documents .  They are marked as Ext. A1 to A4 series.  Ext. A1 is the photocopy of  order placed  for the  mobile phone worth Rs. 13,999/-(Rupees Thirteen thousand nine hundred and ninety nine only) for mobile phone  Asus ZenFone Max Pro M2 (Titanium, 64 GB).  Ext. A2 is a Tax invoice showing Flipkart  shopping .  Ext. A3  is a photo print out of showing  ZenFone Max battery details. Ext. A4 series are Email communications between complainant and opposite party.
4.            In this complaint the opposite party not entered appearance and hence set exparte.   So there is no contra evidence against the proof affidavit of the complainant.  It is proved by the complainant that the opposite party delivered a mobile phone which was not ordered by the complainant. His order was for a mobile phone Asus ZenFone Max Pro M2 (Titanium 64 GB) worth Rs. 13,999/-(Rupees Thirteen thousand nine hundred and ninety nine only).  The delivered phone is Asus ZenFone Max Pro M1 (Blue,32GB) worth Rs. 7,999/-(Rupees Seven thousand nine hundred and  ninety nine only). Ext. A4 series of document shows that complainant tried to the possible extent of approaching the opposite party.   But there was no proper and effective response from the opposite party. This is a quite unfortunate condition of the online consumer.  This Forum finds that there is unfair trade practice and deficiency of service on the part of opposite party.
5.          So this Forum allows the complaint as follows:  The opposite party is directed to pay a compensation of Rs. 25,000/-(Rupees Twenty five thousand only) to the complainant for the deficiency of service and unfair trade practice committed by the opposite party.  Opposite party is also directed to pay Rs.5,000/-(Rupees Five thousand only) as cost to the complainant

            Opposite partyshall comply this  order within one month  from the  date of   receipt of this order, failing which  opposite party is directed to pay  9% interest   on the above  amount  from the date of  filing this complaint.