The challenge in this appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is to the Judgement/Final Order dated 17.01.2018 passed by the District Consumer Disputes Redressal Forum, Kolkata, Unit-III (in short, Ld. District Forum) in Consumer Complaint No. 104/2017.  By the impugned order, the Ld. District Forum allowed the complaint lodged by the Appellant with the direction upon the Opposite Parties/Respondents to refund Rs.8,989/- and litigation cost of Rs.2,000/- in favour of the Appellant/complainant within two months from the date of order, in default the amount shall carry interest @ 10% p.a. from the date of order till realisation, provided the microwave is returned to the company.

          The Appellant herein being Complainant lodged the complaint under Section 12 of the Act before the Ld. District Forum asserting that being a resident of Kulpi Road, Puratan Bazar, P.S.- Baruipur on the occasion of Dipabali Festival, placed an order for IFB 23L Microwave Convection Oven through Flipkart (OP Nos. 1 & 2), on line for cash on delivery in the above mentioned address on 23.10.2016.  The order was delivered by OP Nos. 1 & 2, by the seller Omnitech Retailer (OP Nos. 3 & 4) and IFB Imported & Marketed (OP Nos. 5 & 6) through their delivery man on 28.10.2016.  The complainant collected the same by paying an amount of Rs.8,989/- cash.  It was told that the packing only will be opened at the time of installation and demo by the IFB representative/technician and since then the product is under packet condition.  As per description of the product, the installation and demonstration will be completed within 2 to 5 business days of IFB (OP Nos. 5 & 6).  However, the Opposite Parties have failed to fulfil their promise to attend for installation and demo service.  The complainant has submitted that due to such act, he was/is unable to use IFB 23 L Microwave Convection Oven at all.  Hence, the appellant approached the Ld. District Forum on the allegation of deficiency in services on the part of opposite parties with prayer for several reliefs, viz. – (a) to refund the entire amount i.e. Rs.8,989; (b) to pay Rs.50,000/- as compensation for harassment and mental agony; (c) Rs. 15,000/- as cost of litigation etc.

          The Respondent Nos. 1 & 2 being OP Nos. 1 & 2 by filing a written version have stated that they only act as an intermediary through its wave interface www.flipkart.com and provides a medium to various sellers all over India to offer for sale and sell their products to the users of the Flipkart platform.  It has been submitted by them that the grievance of the complainant should have been only against the manufacturer of the product for not providing installation/after sale services to its customers and they are being intermediary is not liable for any deficiency on the part of manufacturer for the delay or cancellation of installation services.

          The Respondent Nos. 3 & 4/OP Nos. 3 & 4 have submitted that as a reseller, their involvement in the entire transaction is limited only to selling the products of various manufacturers and in the present complaint, manufacturer is OP Nos. 5 & 6 and they have no role to play in offering or providing after sell services to the customers.

          The Respondent Nos. 5 & 6 being OP Nos. 5 & 6 have stated that the complainant never cooperate with them in the matter of installation as he wanted the installation after 10:30 P.M. which was not possible for the technicians of them as it was beyond the schedule working hours.  It has been stated that the complainant was called up several time by the technicians of them but the complainant either did not take the calls or would give appointments after 10:30 P.M. and under the circumstances, installation demo could not be completed.

          After assessing the materials on record, the Ld. District Forum by the impugned order allowed the consumer complaint with certain directions, as indicated above.  However, being dissatisfied for non-awarding any amount as compensation, the complainant has come up in this Commission with the present appeal.

          The Appellant, who appeared in person has submitted that the respondents have failed to keep their promise in providing installation and demo within 2 to 5 days in respect of microwave convection oven and the Ld. District Forum on evaluation of materials on record found the OPs deficient in rendering services and being satisfied awarded refund of the amount of Rs.8,989/- i.e. the cost of said microwave convection oven.  Therefore, when the Ld. District Forum arrived at a conclusion that the respondents were deficient in rendering services, the Ld. District Forum should have awarded compensation, considering the harassment suffered by the appellant.

          Ld. Advocate for the respondent nos. 1 & 2 and respondent nos. 3 & 4 with the same tune have submitted that they were in no way responsible for the failure on the part of respondent nos. 5 & 6 for non-providing the installation or demonstration within 2 to 5 days as per instruction method and as such the Ld. District Forum should not have passed any order against them.

          Ld. Advocate for Respondent Nos. 5 & 6, on the other hand, has contended that the appellant has contributed the negligence by not allowing the technicians to install the oven in between 9:00 A.M. to 8:00 P.M. within office hours on any working days and as such the required service could not be provided.

          Having heard the Ld. Advocates for the respective parties and on perusal of the materials available on the record, it would reveal that the appellant had ordered through the Flipkart for an IFB 23 L Microwave Oven on 23.10.2016, which was delivered on 28.10.2016 through cash delivery of Rs.8,989/-.  As per description of the product, the IFB 23 L Microwave Oven will only be opened by the representative of the IFB Company and demo and installation will be done by them on 01.11.2016 but it is found that neither demo nor installation was done on the prescribed date neither of message nor even after that.   Evidently, the appellant has made repeated requests to Flipkart Customer Care from 02.11.2016 to 06.11.2016 on regular basis and the Flipkart Customer Care assured that demo and installation will positively done on 06.11.2016 before 1 P.M. but ultimately it was not done.

          The plea of Respondent Nos. 5 & 6 that the Appellant did not allow the technicians to install or demo within office hours between 9 A.M and 8 P.M. has no substance as the respondents have failed to show any scrap of paper that they have ever made any attempt or requested the appellant to allow them to install the microwave oven or to give demo of the same.

          In that perspective, the Ld. District Forum was quite justified in holding the respondents guilty for deficiency in services and rightly passed an order for refund of Rs.8,989/- i.e. the value of Microwave Oven.  The Ld. District Forum has imposed a cost of Rs.2,000/- and when it transpires that the complainant himself moved the matter before the Ld. District Forum, the litigation cost of Rs.2,000/- awarded by the Ld. District Forum also appears to be justified.

          However, the Ld. District Forum did not address on the claim of compensation and in this regard it has been simply observed – “Since the allegation of OPs is that complainant did not cooperate, it can be said that the complainant is not entitled to the compensation”.  However, the proposition of law is quite different.  To deal with the situation, it would be worthwhile to reproduce the provision of Section 14(1)(d) of the Act which runs as follows –

          “14. Finding of the District Forum. – (1) if, after the proceeding conducted under Section 13, the District Forum is satisfied that the goods complaint against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to do one or more of the following things, namely :

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          (d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party”.

          The sine qua non for entitlement of compensation is proof of loss or injury suffered by the consumer due to the negligence of the opposite party.  Once the said conditions are satisfied, the Consumer Forum would have to decide the quantum of compensation to which the consumer is entitled.  There cannot be any dispute that the computation of compensation has to be fair, reasonable and commensurate to the loss or injury.  There is a duty cast on the Consumer Forum to take into account all relevant factors for arriving at the compensation to be paid.

          Therefore, the assessment of compensation depends upon the facts and circumstances of the particular case.  In the instant case, it is evident that the Ld. District Forum even did not consider the interest accrued over the amount of Rs.8,989/- from the date of delivery of microwave oven i.e. on 28.10.2016 when the amount of Rs.8,989/- was paid through cash.  Had the amount been lying with a nationalised bank in a fixed deposit account certainly, the amount would fetch an interest at least @ 8% p.a. and as such it can safely be said that the Ld. District Forum should have awarded compensation considering the loss suffered by the appellant.  Therefore, the appellant is entitled to compensation and considering the facts and circumstances of the case, I think the appellant is entitled to compensation in the form of simple interest @ 8% p.a. over the amount of Rs.8,989/- from 28.10.2016 till its realisation.

          In view of the above, the appeal is allowed on contest in part with a modification to the order to the extent that besides the amount of Rs.8,989/- and litigation cost of Rs.2,000/-, as awarded by the Ld. District Forum, the appellant/complainant is also entitled to compensation in the form of simple interest @ 8% p.a. over the amount of Rs.8,989/- from 28.10.2016 till its realisation.  The respondents/opposite parties are jointly and severally directed to make payment of the aforesaid amount within 30 days from date, in default the appellant may approach the Ld. District Forum for execution of the order provide Microwave Oven is returned to the respondent nos. 5 & 6/OP Nos. 5 & 6.

          With the above observations, the instant appeal stands disposed of.

          The Registrar of this Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit-III for information.