DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 95/2018
D.No.__________________ Date: ________________
IN THE MATTER OF:
SUBHASH YADAV,
S/o SH. PAPPU RAM YADAV,
R/o 121, GROUND FLOOR,
WEST MUKHERJEE NAGAR,
DELHI-110009.
ALSO AT: OPP.-POWER GRID,
ALWAR ROAD, NARAYANPUR,
TEHSIL-THANAGAZI,
DISTT.-ALWAR (RAJASTHAN)-301024.… COMPLAINANT
Versus
FLIPKART PVT. LTD.
HAVING ITS BRANCH OFFICE AT:
FLIPKART INTERNET PVT. LTD.,
F-12, UDYOG NAGAR,
MANGOL PURI, DELHI-110087.
E-MAIL ID: cs@ flipkart.com… OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 02.02.2018
Date of decision:04.06.2020
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 therebyalleging that the complainant online ordered/booked 5 Steam Irons, 8
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Induction Cooktops and 2 Garments Steamers on 24.09.2016 through the Online Shopping Mobile Application Software of OP with Cash on Delivery (COD) as payment mode and the complainant received the confirmation of successfully placed orders through message (SMS) from OP on the same day i.e. 24.09.2016. Thereafter, OP cancelled all the said successfully placed orders without the complainant’s consent and the reason told in e-mails sent to the complainant by OP was as “the seller had listed the price incorrectly due to an unforeseen error”. On 02.10.2016 and thereafter just before filing the complaint in this Forum, the complainant e-mailed and asked OP and its customer support to resolve the issue and deliver the placed orders to the complainant but OP gave the same reason not to deliver the products at that price and asked the complainant to place a fresh order for the said items.
2. On these allegations the complainant has filed the complaint praying for direction to OP to deliver the above said ordered items as well as compensation of Rs.20,000/- for causing him mental pain, agony and harassment.
3. OP has been contesting the case and filed reply and submitted that the complaint filed by the complainant is frivolous, vexatious, devoid of merits and the case is not maintainable and is liable to be dismissed. OP further submitted that the complainant ordered 5 Steam Irons, 8 Inductions Cooktops and 2 Garment Steamer on
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24.09.2016 from OP and the complainant himself agreed that OP is mere online intermediary, however, OP is not a seller of the product in this case. OP further submitted that OP only provides an online platform where registered sellers sell their products and visitors/buyers purchase such products from the respective sellers on the website/app out of their own free will and choice and the advertisement with regard to price, specification, quality and description etc. are listed by the seller or the manufacturer of the product. OP further submitted that the complaint is related to the cancellation of orders by the seller and as per the process after placing an order on the web portal of OP the same was sent to the seller for confirmation and after checking the details seller delivers the product and the complainant after placing an order on the web portal of OP, the complainant received SMS and a screenshot of the SMS and in the complaint which clearly shows that the order was in the process, however, no confirmation was made to the complainant and after going through the details of the orders by the seller, seller canceled all the order stated that “listed the price incorrectly due to unforeseen error”. OP further submitted that the complaint has not raised single specific issue or grievance against the seller in the entire complaint and in fact since beginning it was informed to the complainant that the ordered was canceled by the seller and it is clear that the complainant was aware & full knowledge of the fact that grievance of the complainant is all
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against the seller and OP is an online platform where 3rd party sellers directly sell their products and visitors/buyers purchase such products from the respective sellers on the website/app out of their own free will and choice.
4. The complainant filed rejoinder and denied the contentions of OP which has been taken by OP in the reply.
5. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of List of Ordered Items, copy of confirmation Message about successful order sent by OP-2 to the complainant, copies of e-mails dated 24.09.2016 regarding canceling of the order by the seller as they had listed the price incorrectly due to an unforeseen error, dated 02.10.2016 & 31.01.2018 sent by OP to the complainant, copies of order statusin respect of order ID no. OD407152860274937000 & OD507152831794377000 sent by OP with the remarks “5 days left to reach you” and copy of List of items with order ID number.
6. On the other hand, Sh. Satyajeet Bhattacharya,Authorized Signatory of OP filed his affidavit in evidence which is as per lines of defence taken by OP in the reply. OP also filed written arguments.
7. This forum has considered the case of the parties in the light of evidence of both the parties and documents placed on record by the complainant and OP. The case of the complainant has remained
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consistent and there is nothing on record to doubt the case of the complainant.
8. Admittedly as per photocopies of screen shorts of confirmation message about successful order sent by OP, the same were received by the complainant at 05:34 a.m. and 05:40 a.m. The complainant received online message from OP on the same day at 01:50 p.m. regarding canceling of the orders by the seller. On the other hand, OP has taken the defence that the orders of the complainant have been cancelled as the price listed incorrectly due to an unforeseen error and on the other hand OP has sent message that “5 days left for delivery of the product i.e. Philips GC1903 Steam Iron and Philips GC330/45 Garment Steamer”. These are contradictory to each other. OP cannot escape its liability simply on the ground that the seller has cancelled the order. When the seller has cancelled the order then on what basis OP has sent telephonic messages to the complainant about “5 days left to reach the order”. It shows that in collusion/connivance with the seller OP has cancelled the order given by the complainant. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
9. Accordingly, OP is directed as under:
i) To pay to the complainant an amount of Rs.10,000/- as compensation towards mental agony and harassment caused to the complainant which includes litigation cost.
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10. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
11. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 4thday of June, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
