DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/42/2024
Date of Institution: 16.04.2024
Date of Decision: 10.10.2024
Seema Mittal wife of Sh. Rajesh Kumar resident of 28, 22 Acre Barnala, Tehsil and District Barnala, Punjab.
…Complainant
Versus
1. Flipkart Internet Pvt. Ltd. Vaishnavi Summit, No. 6/B, 7th Main, 80 Feet Road, 3rd Block, Koramangala, Bangalore-560034 through its Managing Director.
2. Consulting Rooms Private Limited, Instakart Services Pvt. Ltd., Rectangle No. 2, Rectangle No. 3, Rectangle No. 4, Rectangle No. 6, Rectangle No. 7, Rectangle No. 8, Rectangle No. 9, Kaliqpur village, Badli Tehsil District Jhajjar, Haryana, Gurugram, Haryana, India-124103, through its Managing Director/Authorized Signatory.
…Opposite Parties
Complaint Under Section 35 of the Consumer Protection Act, 2019.
Present: Sh. Rajesh Mittal Adv counsel for complainant.
Opposite parties exparte.
Quorum.-
1. Sh. Ashish Kumar Grover: President
2. Smt. Urmila Kumari: Member
3. Sh. Navdeep Kumar Garg: Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act 2019 against Flipkart Internet Pvt. Ltd. Vaishnavi Summit, No. 6/B, 7th Main, 80 Feet Road, 3rd Block, Koramangala, Bangalore-560034 through its Managing Director & others (in short the opposite parties).
2. The facts leading to the present complaint are that the opposite party No.1 is dealing in the business of online selling of goods and the opposite party No. 2 is selling/supplier of electronic material through opposite party No. 1. It is alleged that the complainant was intended to purchase a LED for her home and being allured by the opposite parties on the opposite parties site/app and the complainant selected a Blaupunkt Cyber Sound G2 Serial 80 CM -32" HD LED Ready Smart Android TV 2023 edition with Dolby Digital plus and 40 watt sound output having warranty of 1 year on product and 6 months warranty on accessories and as such the complainant placed an online order to purchase the said LED with the opposite party No. 1 vide order No. OD430690732023403100 dated 10.03.2024 and the payment of Rs. 9,784/- were transferred through online transaction to the opposite party No. 1 and the same was delivered to the complainant by the opposite party No. 2 through invoice No.FAC4L02400349426 dated 11.03.2024. It is further alleged that on receipt of the said LED, the said LED was installed by the opposite parties officials/representatives at the house of the complainant. But after few days when the complainant sign in the Google account IN the said LED, the said LED display the message New Sign-In on Thomson FA Series SPPL 2K Android TV upon which the complainant was shocked to see the message as the complainant purchased a Blaupunkt LED whereas said LED delivered message of sign-in in the device i.e. of Thomson, rather the complainant purchased the LED of Balupunkt as it is a renowned brand, which goes a long way to prove that the opposite parties both in connivance with each other have been selling the Thomson LED by affixing the sticker of Blaupunkt on the face of LED TV, thereby the opposite parties are deceiving the public at large by selling mis-branded products under the name of branded products, which comes within the purview of cheating and mis-chief and is an offence under Indian Penal Code. It is further alleged that acts of the opposite parties comes within the realm of deficiency in service and unfair trade practice on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.-
- The opposite party No. 1 may kindly be directed to return the said LED and to refund the amount of Rs. 9,784/- alongwith interest @ 12% per annum till realization.
- To pay Rs. 100,000/- as compensation for causing physical and mental harassment.
3. The opposite parties No. 1 & 2 were proceeded against exparte vide order dated 19.9.2024 due to non appearance.
4. The complainant tendered into exparte evidence affidavit of complainant as Ex.C-1, copy of tax invoice as Ex.C-2, copy of legal notice as Ex.C-3, copy of postal receipt as Ex.C-4 & Ex.C-5, copy of email of login the googal TV showing login of Thomson fa series sppl 2k android TV as Ex.C-6, photographs led TV with logo blaupunkt as Ex.C-7 & Ex.C-8 and closed the evidence.
5. We have heard the learned counsel for the complainant and have gone through the record on the file.
6. In order to prove her case the complainant has placed on record her detailed affidavit Ex.C-1 vide which she reiterated the averments as mentioned in the complaint. The complainant has further placed on record copy of tax invoice Ex.C-2 which shows that the complainant has paid an amount of Rs. 9,784/- to the opposite party No. 1 for purchasing the above said LED. The complainant further placed on record copy of legal notice dated 26.3.2024 Ex.C-3 which was sent to the opposite parties by the complainant and the Ex.C-4 & Ex.C-5 are the postal receipts. The complainant further placed on record copy of email of login the googal TV showing login of Thomson fa series sppl 2k android TV i.e. Ex.C-6 which shows the said LED display the message New Sign-In on Thomson FA Series. Further, Ex.C-7 & Ex.C-8 are the photographs of LED TV.
7. So, from the perusal of the facts and evidence produced by the complainant it is established that the complainant purchased online a Blaupunkt Cyber Sound G2 Serial 80 CM -32" HD LED Ready Smart Android TV 2023 edition with Dolby Digital plus and 40 watt sound output having warranty of 1 year on product and 6 months warranty on accessories vide invoice dated 11.3.2024 and paid an amount of Rs. 9,784/- to the opposite party No. 1. Ld. Counsel for the complainant argued that after few days when the complainant sign in the Google account IN the said LED, the said LED display the message New Sign-In on Thomson FA Series SPPL 2K Android TV upon which the complainant was shocked to see the message as the complainant purchased a Blaupunkt LED whereas said LED delivered message of sign-in in the device i.e. of Thomson, rather the complainant purchased the LED of Balupunkt as it is a renowned brand, which goes a long way to prove that the opposite parties both in connivance with each other have been selling the Thomson LED by affixing the sticker of Blaupunkt on the face of LED TV. Ld. Counsel for the complainant further argued that in this regard the complainant has also sent a legal notice dated 26.3.2024 Ex.C-3 to the opposite parties through registered post, but all in vain. Ld. Counsel for the complainant further argued that in this way the opposite parties in connivance with each other have committed deficiency in service and unfair trade practice with the complainant. The complainant has also produced the photographs of LED as Ex.C-7 & Ex.C-8 to prove her version.
8. On the other hand, the opposite parties have preferred to remain exparte and no one has come forwarded from the side of the opposite parties to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by various documents, in that event, we have no alternative except to believe the evidence produced by the complainant, which is un-rebutted. Hence, the opposite party No. 1 is liable for the deficiency in services and unfair trade practice.
9. Therefore, the present complaint is partly allowed against the opposite party No. 1 and the opposite party No. 1 is directed to return back the said LED in question from the complainant and to refund the amount of Rs. 9,784/- to the complainant alongwith interest @ 7% per annum from the date of filing the present complaint till its actual realization. The opposite party No. 1 is further directed to pay Rs. 7,000/- on the account of mental agony, harassment and expenditure and Rs. 3,000/- on account of litigation expenses to the complainant. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
10th Day of October, 2024
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
(Navdeep Kumar Garg)
Member
