D.O.F:22/10/2022
D.O.O:25/10/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.265/2022
Dated this, the 25th day of October 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Murali K V
Ori, P O Padanne,
671312, Kasaragod District
Kerala. : Complainant
And
- Flipkart Online Services
Vaishnavi Summit,
Ground Floor, 7th Main,
80 Feet Road, 3rd Block,
Koramangala Industrial Layout
Bangalore KA, 560034 IN
Bangaluru Rural, Karnataka.
- The Authorised Officer
Hercules Cycle Manufacturer
TI Cycles, Head Office
MTH Road, Kalyanapuram,
Ambathur, Chennai 600053.
Tamil Nadu.
- The authorised Officer
BTPL Distribution Pvt. Ltd,
258, Gujrawala Town, Part III
Delhi, North Delhi, 110009. : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
The complainant is alleging gross deficiency in service on the part of opposite parties in connection with failure to cure the defects of a Hercules top gear-A27 R1 with Shimano Gear 27.5 T Bicycle during warranty period which was purchased through Flipkart from opposite parties.
The brief facts of the case is that the complainant purchased a mudguard for the cycle and a Hercules top gear through Flipkart from opposite parties. After 2 days of purchase, when the complainant was riding on the cycle and trying to change the gear, it was not easy, while applying break, an unusual sound heard. So the complainant selected the option of return and refund of the purchased items. But the man of Flipkart came to collect the mudguard only and the gear of the cycle was not refunded also. When the complainant contacted the Flipkart, they assured the complainant to cure the defects of the cycle soon, but so far it is not done. The Flipkart directed the complainant to contact Hercules customer care. Even after contacting them also, the defect is not cured. The complainant had spent Rs.12,449/- for the cycle. But he could not use it for more than 2 days. The act of opposite party caused loss and severe mental agony to the complainant. Hence the complainant is praying for a compensation of Rs. 20,000/- including the price of the cycle.
Notice of opposite parties served, but they were absent before the Commission. Name of opposite parties called absent set exparte.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext. A1 to A3. Ext.A1 is the Tax Invoice, A2 is the warranty card and A3 is the user’s manual.
The issues raised for consideration are;
- Whether there is any deficiency in service on the part of opposite parties in not curing the defects of the cycle during warranty period?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
The complainant purchased a mudguard for the cycle and a Hercules top gear cycle through Flipkart from opposite parties. After 2 days of purchase, when the complainant was riding on the cycle and trying to change the gear, it was not easy, and while applying break, an unusual sound heard. So the complainant took the option of return and refund of the defective item, but the man of Flipkart came to take return of the mudguard only. Gear of the cycle was not taken by him and not refunded also. When the complainant enquired about this to the Flipkart, they assured that they will cure the defects of the cycle, but so far it is not done. The Flipkart directed the complainant to contact Hercules customer care, but no relief is availed to the complainant. After spending Rs.12,449/- for the cycle, the complainant could not use it for 2 days. The failure on the part of opposite parties to cure the defect of the cycle caused loss and severe mental agony to the complainant. The complainant had produced Ext.A1 invoice to prove the purchase of the items Hercules Top gear-A27 R1 with Shimano Gears. Ext.A2 is the warranty card, which proves the parts of the cycle covers one year domestic warranty and A3 is the user’s manual. The opposite parties failed to provide proper service in warranty period amounts to deficiency in service on their part. In the absence of rebuttal evidence, there is gross deficiency in service on the part of opposite parties, due to which the complainant had undergone loss, miseries and mental agony. The complainant is entitled for relief. The relief claimed by the complainant is Rs.20,000/-. The complainant is entitled for the price of the cycle, ie, Rs.12,449/- with interest from the date of purchase till payment. He is also entitled for a compensation of Rs. 5,000/- and cost of Rs. 3,000/-.
Therefore, the complaint is allowed directing opposite parties to refund Rs. 12,449/-(Rupees Twelve thousand Four hundred and Forty Nine only) with interest at the rate of 9% from the date of purchase (22/06/2022) till payment with a compensation of Rs.5,000/-(Rupees Five thousand only) along with cost of Rs.3,000/-(Rupees Three thousand only) to the complainant within 30 days of the receipt of copy of this order. The opposite parties are jointly and severally liable to compensate the loss and agony undergone by the complainant. The complainant on receiving the amount, return the cycle to the opposite party.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Tax Invoice
A2 – Warranty Card
A3 – User’s Manual
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
