Haryana

Karnal

CC/94/2018

Manoj Kumar - Complainant(s)

Versus

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

23 Apr 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.94 of 2018

                                                         Date of instt.20.04.2018

                                                         Date of decision:23.04.2018

 

Manoj Kumar son of Shri Ramesh Kumar resident of House no.9, ward no.12, Indri District Karnal.

                                                                                                                                                                        …….Complainant.

                                        Versus

 

1. Flipkart. com, Flipkart internet Pvt. Ltd. Vaishnavi Summit, Ground floor 7^th Main 80 Feet Road, 3^rd Block, Koramangla, Banglore-560034 (Karnatka) M. No.0124-6150000.

2. HDFC Bank Ltd. Ward no.10, New Udham Singh Chowk, Indri Branch (Karnal).

 

                                                                     …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act.          

 

Before    Sh. Jagmal Singh……President.

      Sh. Anil Sharma…….Member

               

 

 Present:  Complainant in person.

 

ORDER

 

                   (Jagmal Singh, President)

 

             Complaint presented today. It be checked and registered. Heard on the point of maintainability.          

                This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that on 14.10.2017  the complainant purchased five mobile phones from OP no.1 out of which only one mobile phone was delivered on 17.10.2017, the price of which was Rs.6299/-. The complainant ordered two mobile phone for Rs.9899/- each and three mobile phone are Rs.6299/- each. The complainant has made the payment of all these orders from the credit card of HDFC Bank of his uncle Joginder Kumar. The OP no.1 after cancelling the order of four mobile phones, refund the amount for three orders into account of his uncle. But refund of one order of Rs.6299/- has not been refunded. The complainant contacted many times the OPs but no proper reply has been given. It is further alleged that when the complainant contacted OP no.1, he assured the complainant that the amount will be refunded upto 24.10.2017 but when no amount came upto 24.10.2017, the complainant contacted the OP no.1 but OP no.1 stated that they have refunded the entire amount which was received by them. Thereafter, the complainant contacted the OP no.2 on 2.11.2017 and made a complaint but the OP no.2 closed the said complaint on 28.12.2017 stating that which refund they have received, the same have been reflected in the card. The complainant sent e-mails to the OPs but no action has been taken and the amount has not been refunded.

2.             The complainant has admitted in his complaint that the payment was made from the credit card of his uncle Joginder Singh, therefore, the complainant has not paid any payment, which means no consideration has been made by the complainant. So, the complainant does not covered under the definition of consumer. It is pertinent to mention here that abovesaid Joginder Singh is not the complainant in the present complaint. Moreover, the complainant had ordered for five mobile phones, which cannot be said that the same were required by the complainant for personal use. The complainant has also not pleaded that the said mobile phones were for earning his livelihood. Therefore, the deal was a commercial deal and in this way also the complainant does not come within the definition of consumer as defined under section 2(1)(d) of the Consumer Protection Act. In these circumstances, the complaint is not fit for admission and the same is not maintainable, hence hereby dismissed at the stage of admission. The party concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 23.04.2018

                                                                       

                                                                         President,

                                                           District Consumer Disputes

                        Anil Sharma                   Redressal Forum, Karnal.

                          Member