DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ERNAKULAM
Dated this the 29th day of November , 2024
Filed on: 27/06/2023
PRESENT
Shri. D.B. Binu Hon’ble President
Shri. V. Ramachandran Hon’ble Member
Smt. Sreevidhia T.N Hon’ble Member
C.C.No. 395 of 2023
COMPLAINANT
Jithin Peeter, Eettikkattil House, Vettampara PO, Kothamangalam, Pin-
686681
VS
OPPOSITE PARTY
Flipkart India Private Limited, No. 6/B, Vaishnavi Summit, 7th main, 80 feet
Road, 3rd Block, Koramangala, Bangalore-560 034.
FINAL ORDER
D.B. Binu, President
1.A brief statement of facts of this complaint is as stated below:
The complaint was 7iled under Section 35 of the Consumer Protection
Act, 2019. The complainant purchased a pair of Levi’s sneakers from the
opposite party, an online e-commerce platform. Upon receiving the product
the complainant discovered that the sneakers were damaged. In accordance
with opposite party’s returned policy, the complainant initiated a return
request, and the damaged product was successfully collected by the courier
service arranged by the opposite party.
Despite the return of the product, the complainant has not received a
refund for the purchase. Furthermore, the complainant’s 7lipkart account
has been blocked without any valid explanation, restricting access to the
platform and causing additional inconvenience. Multiple attempts to
resolve the issue with the opposite party’s customer support have yielded
no satisfactory outcome.
The complainant seeks a refund for the returned policy. Additionally
the complainant requested that the blocked account be reinstated
immediately, allowing access to the platform without further delay. The
opposite party’s actions have caused undue stress and 7inancial loss to the
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complainant, warranting immediate intervention and redressal of the
grievances outlined in the complaint.
2. NOTICE:
The Commission sent notice to the opposite party, which was
returned with the endorsement of the postal department as "Left without
instructions." The complainant was informed to furnish the correct
addresses of the opposite party but failed to respond or provide the correct
addresses.
3. EVIDENCE
The complainant did not 7ile a proof af7idavit but produced two
documents along with the complaint before the commission.
1. Copy of Credit Note dated 19/02/2023.
2. Copy of Tax invoice dated 15/02/2023.
4. LEGAL ANALYSIS AND OBSERVATIONS:
The principle of "Audi Alteram Partem" (hear the other side)
mandates that each party be given a fair opportunity to present their case.
In this context, the Commission's request for the correct addresses of the
opposite party aligns with the principles of natural justice, ensuring that the
opposite party is properly noti7ied and given a chance to present their side.
5. DEFICIENCY IN SERVICE AND NEGLIGENCE:
The Consumer Protection Act, 2019 de7ines "de7iciency" as any fault,
imperfection, shortcoming, or inadequacy in the quality, nature, and
manner of performance that is required to be maintained by or under any
law for the time being in force. The complainant alleged that the opposite
party provided a defective product leading to health issues, which prima
facie constitutes a de7iciency in service.
However, the continuous absence of the complainant and failure to
submit the correct addresses of the opposite party indicate a lack of interest
in pursuing the case. The complainant's absence from 19.08.2023 to
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14.11.2024, and repeated failure to attend subsequent hearings, further
supports this observation.
CONCLUSION:
In view of the continuous absence of the complainant and the failure
to submit the correct addresses of the opposite party, it is evident that the
complainant has shown a lack of interest in pursuing the case. Despite
multiple opportunities, the complainant has neither provided the necessary
correct addresses of the opposite party nor made further appearances to
take alternative steps before the Commission, showing a lack of interest in
advancing the case.
ORDER:
Consequently, this complaint is hereby dismissed due to the
complainant's non-compliance. No cost.
Pronounced in the Open Commission this the 29th day of
November , 2024.
Sd/-
D.B. Binu, President
Sd/-
V. Ramachandran, Member
Sd/-
Sreevidhia T.N, Member
Forwarded/By Order
Assistant Registrar
APPENDIX
COMPLAINANT’S EVIDENCE
NIL
OPPOSITE PARTY’S EVIDENCE
NIL
Date of Despatch
By Hand ::
By post ::
AKR/
Order in CC No. 395/2023
Date:29/11/2024
