Chandigarh

DF-I

CC/481/2020

Miss Ravneet Bansal - Complainant(s)

Versus

Flipkart Internet Pvt. Ltd. - Opp.Party(s)

In Person

07 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

1.   Ms. Ravneet Bansal D/o Sh. Baldev Singh r/o House No.2283, Sector 44-C, Chandigarh.

… Complainants

V E R S U S

1.  M/s Flipkart Internet Private Limited Buildings Alyssa, Begonia & Clover, Embassy Tech Village, outer Ring Road, Devarabeesanahalli Village Bengaluru Karnatka, Pin 560103.
2. Mr. Vivek Subramanian (Director) Building Alyssa, Begonia & Clover, Embassy Tech Village outer Ring Road, Devarabeesanahalli Village Bengaluru, Karnataka pin 560103.
3. M/s Crystal Furniture Industries through its proprietor Shop No.3, Umiya Chambers, Central Avenue, Darodkar Square,  Nagpur, Maharashtra 440032. 

.  … Opposite Parties

Per SURJEET KAUR, Member

1. Briefly stated, the complainant placed an order for Crystal Furnitech Engineered Wood Free Standing Cabinet  from OP No.1 on 18.2.2020 after paying an amount of Rs.13,750/-. On 23.2.2020 the complainant requested for cancellation of the product as the product was on further discount but the same was not entertained by the OPs. Thereafter the product was delivered to the complainant on 9.3.2020 and on the same day at the time of assembling, the complainant noticed that the colour of two side doors did not match with the picture shown on the website. The complainant wanted to return the product but as there was no option on the app of OPs to return therefore, he placed a replacement request on the same day. Later on after much persuasion the complainant placed return request and on 23.3.2020 the complainant got confirmation that un-installation has been scheduled and would be done by 25.3.2020 but the courier partner of OPs messaged the complainant that due to lockdown the installation cannot be executed. On May 12, 2020 the complainant got a message that the return has been cancelled on the ground that the service engineer called but since complainant did not attend his call the return request was rejected. The complainant filed complaint on the consumer helpline and made continuous follow up with the OPs but nothing fruitful came out.  Alleging the aforesaid act of Opposite Parties as deficiency in service and unfair trade practice on their part, this complaint has been filed.
2. The Opposite  Party No.1 in its reply stated that it is only an intermediary through its web interface
3. OP No.2  vide order dated 2.3.2023 has adopted the reply filed by OP No.1 and did not file separate reply.
4. OP No.3 did not turn up despite due service, hence vide order dated 2.3.2023, it was proceeded against exparte.
5. complainant chose not to file rejoinder.
6. Contesting parties led evidence by way of affidavits and documents.
7. We have heard the learned counsel for the contesting parties and gone through the record of the case.
8. The grouse of the complainant through the present complaint is that incorrect product was supplied by the OPs  and the same was not returned or replaced by the OPs despite request of the complainant.
9. After going through the evidence on record it is abundantly clear that there is no functional defect in the product but the colour of the product is different from the original ordered product.  In our opinion if the product was incorrect then it was the duty of the complainant to send return request immediately without delay. It is out of our mind for what purpose various accessories of the product opened and thereafter installed  by the complainant at her place. Any how after various reminders and continuous follow up with the OPs the OP No.3 has come forward with letter dated 19.12.2022 vide which it is ready to change the parts even now although the furniture is in continuous use by the complainant since installation and there is no functional defect and  the dispute is only with regard to the difference of colour, which cause harassment to the complainant.  Thus, we deem it proper  if the OP No.3 is ordered to replace the required parts.
10. In view of the above discussion, the present consumer complaint partly succeeds and the same is accordingly partly allowed in the following manner:-

1. OP No.3 shall replace the required parts of the product in question.
2. OP No.3 shall pay composite amount of Rs.5000/- to the complainant as compensation for causing mental agony and harassment to him;

11.      This order be complied with by the OP No.3 within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(i) above.
12. complaint against rest of OPs stands dismissed.  
13.      Certified copies of this order be sent to the parties free of charge. The file be consigned