D.O.F:14/09/2020

                                                                                                  D.O.O:20/12/2021

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

CC.No.118/2020

Dated this, the 20^th   day of December 2021

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Sayyid Sabith Muhammed, Aged 29 years

S/o . Koyamma Thangal,

R/at Sadath Manzil                                                        : Complainant

Naimarmoola, Kasaragod

                                                            And

Flipkart Internet Pvt Ltd

Block B (Begonia), Ground Floor,

Embassy Tech Village,

Outer Ring Road, Devarabeesanahalli Village

Bengaluru District, Karnataka,                                   : Opposite Parties

India. Pin 560103

Rep by its Authorized Officer

ORDER

SMT.BEENA.K.G: MEMBER

     This complaint is filed under section 12 of Consumer Protection Act 1986.

     The complainant is a regular customer of Opposite Party, who is a company incorporated under the provisions of companies Act 1956 and an online agency engaged in marketing and selling of consumer goods.  Opposite Party buys goods from various dealers across the country and sells the same through online throughout India.  Complainant placed an order for “skechers Bounder Stokley Walking shoe” for men on 08/08/2020.  The product was scheduled to be delivered between 18^th and 24^th of August 2020 at the address of the complainant.  The complainant made full payment of Rs. 3338/- only which was directly credited in the books of account being maintained by Opposite Party.  Complainant expected the delivery of the shipment on 21/08/2021.  Thereafter complainant checked the shipment and learned that it was unilaterally cancelled.  The complainant contacted customer service and ascertained that the order was cancelled.  The complainant alleges that the act of Opposite Party amounts to unfair trade practice and deficiency in service.  The act of Opposite Party caused loss and mental agony to the complainant.  Hence the complainant is seeking a direction against Opposite Party for a compensation Rs. 25,000/- with Rs. 5000/-as cost

     Notice of Opposite Party deemed as served.  Name of Opposite Party called absent set exparte.

     Complainant filed proof affidavit in lieu of chief examination.  Ext A1 marked.  Heard the complainant.

     The points raised for consideration are:-

1. Whether the ordered product is delivered to the complainant?
2. Whether complainant is entitled for compensation?
3. What is the relief?

     For convenience point No:1 to 3 are discussed together

     The Complainant placed order for skechers bounder stokely walkings shoes for men on 8^th August 2020.  The complainant has made the full payment of the product Rs. 3338/- complainant expected the delivery of the product on 21/08/2020.  On 21/08/2020 when complainant checked the shipment and learned that the order cancelled on 23^rd August 2020. 

     The grievance of the complainant is that his order was cancelled on the expected day of delivery without any notice or notification.  Complainant produced Ext A1, the copy of the order details, which proves his case.  When he contacted customer service for details, the order was found cancelled.  At the last moment of delivery the order was cancelled unilaterally.  The ordered product is not delivered to the complainant.  The act of Opposite Party caused loss and mental agony to the complainant.  In the absence of rebuttal evidence complainant is entitled for compensation.

     The Complainant is claim is for Rs. 25,000/- as compensation.  We are not inclined to allow the claim as such since there is no details of the loss he suffered due to the cancellation of order.  Considering the facts and circumstances of this case we are of the view that an amount of Rs. 5000/- will be a reasonable compensation in this case.

     In the result complaint is allowed directing Opposite Party to return the (price of the product paid by complaint) Rs. 3338/- with interest at the rate of 10% from 14/09/2020 the date of complaint till the date of payment along with Rs. 5000/-(Rupees Five thousand only) towards compensation at Rs. 3000/- (Rupees Three thousand only) towards costs to the complaint.

     The time for compliance is thirty days from the receipt of copy of this judgement.   

     Sd/-                                                    Sd/-                                                      Sd/-

MEMBER                                          MEMBER                                          PRESIDENT

Exhibits

A1-  Order details

      Sd/-                                                                Sd/-                                          Sd/-

MEMBER                                                      MEMBER                              PRESIDENT

Forwarded by Order

                                                                                    Senior Superintendent

Ps/