SRI BIBEKANANDA DAS, MEMBER.
The present C.C. Case No. 09/2022 is taken up today for order. Heard the learned counsels from both the parties, perused the documents / materials available on record and we also gone through the complaint petition and so also the entire written versions filed by the O.P’s.
The Brief facts of the Complainant’s case is that, she had ordered a mobile handset i.e. Real me 8S 5G (UNIVERSE Purple, 128 GB) from online through Flipkart. The Cost of the mobile is Rs. 19,999/- was also paid by the Complainant (Tax invoice annexed) through online payment and order was placed successfully. The said item had delivered to the Complainant on dt: 30.12.2023 by O.P No: 03.
As a matter of fact, when the Complainant opened the said packet, she found that the seal of the phone box was broken and the main product i.e. Mobile handset was not there in the box and only charger, a transparent back case cover, a sim ejector tool and a user manual were there in the box. Thereafter the complainant immediately intimated the same to the Flipkart Customer Care and they assured the Complainant to resolve the issue by 7th Jan 2022. But after so many transactions made by the complainant to O.P.No.1 & 2 but the O.P No. 1 & 2 cancelled the request of the Complainant and refuse to refund the cost of the said mobile handset for which the complainant has sustained heavy financial loss and undergone mental agony and for which she could not continue her online study and missed her online classes.
It is our considered view that the O.Ps, particularly O.P No. 1 & 2 have miserably failed to establish their case in their support and have not filed a single scrap of paper to disprove the case of the complainant and on the contrary the complainant has filed all the relevant documents, images (photos) and all the grievance details in support of her case. So, We are of the Opinion that, the O.P No. 1 & 2 have committed gross illegality, deficiency in service and adopted unfair trade practices by not refunding the cost of the Mobile to the Complainant, moreover the O.P’s have already received the consideration amount of Rs. 19,999/- (i.e. Mobile cost) from the Complainant and as such they are jointly liable to compensate the complainant for any misfortune occurred during the transit. Simply they can’t escape from their liability.
Whether O.P. No. 01 merely an intermediary or O.P. No. 2 is a registered reseller on the website “Flipkard.com” is a business between the O.P No. 1 & 2 and Complainant has got nothing to do with the same. So both the O.Ps are responsible for such inaction committed by them.
O R D E R.
We therefore direct O.P. No 01 & 02 to refund the cost of the Mobile handset i.e. Rs. 19,999/- to the Complainant within a period of one month from the date of the receipt of this order and this Commission further directed O.P. No: 1 & 2 to pay jointly Rs.10,000/- to the complainant towards compensation and mental agony undergone by the complainant and Rs.2,000/- for cost of this litigation, failing which the O.Ps shall be liable for execution proceeding under the C.P Act, 2019. The Present C.C Case is allowed and accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the Open Commission on this the 26th day of May 2023.
