Punjab

Sangrur

CC/600/2017

Yashwinder Singh - Complainant(s)

Versus

Flipkart. com - Opp.Party(s)

Sh. Harpreet Singh

18 Apr 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 600                                                                                        

                                                                     Instituted on:  10.11.2017                    

                                                                          Decided on:    18.04.2018

 

Yashwinder Singh son of Shri Balwinder Singh resident of Street No.1, near Rose Garden S.U.S. College Road, Sunam, Tehsil Sunam District Sangrur.

 

                                                …. Complainant.      

Versus

 

1.      Flipkart.com No.447/B, Ist A cross 12th Main 4th block, Opposite BSNL Telephone Exchange, Koramangala, Banglore-560034, Karnataka, India through its M.D.

2.       Avantika Books, 4832 & # 2F;24 Prahlad Lane, S-207 Ansari Road, Daryaganj, Delhi-2, New Delhi-110002 through its Manager.

3.       Ekart Logistics Registered Office Address Brigade  Manae Court, First Floor No.111, Koramangala Industrial Layout, Banglore-560095, Karnataka, India through its Manager.

                                                  ….Opposite parties.

 

 

FOR THE COMPLAINANT:       Shri Harpreet Singh,  Advocate                          

 

FOR  OPP. PARTIES  No.1&3  :  Shri J.S.Moudgill, Advocate

 

FOR  OPP. PARTY  No.2     :        Exparte

                 

 

 

Quorum

                            

 

Sarita Garg,  Presiding Member

Vinod Kumar Gulati, Member

                 

 

ORDER:  

 

 

Sarita Garg, Presiding Member

 

1.             Yashwinder Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he had placed an order of book titled as Mudraraksas by Vishakdutt to OP no.1 on online which was sold by OP no.2. The product was delivered to the complainant on 24.08.2017 and cash amount of Rs.295/- was paid on delivery.  The gross amount mentioned on the bill was Rs.250/- and Rs.45/- was charged for shipping. After receiving the book the complainant was shocked to see that price written on book was Rs.125only and as such the OPs had sold the book at double price to the complainant which is wrong, unfair and dishonest trade practice.  Thus, alleging unfair trade practice on the part of OP, the complainant has sought following reliefs:- 

i)      OPs be directed to pay Rs.125/- along with interest,

ii)     OPs be directed to pay to the complainant a sum of Rs.30,000/- on account mental agony and harassment and  Rs.10000/- as litigation expenses.

2.             Notices were sent to the OPs but despite service OP no.2 did not appear and as such Op no.2 was proceeded exparte.

3.             In reply filed by the OP no.1, it is submitted that  there is no privity of contract between the complainant and OP and complainant is not  a consumer qua  the OP no.1.  It is submitted that the  OP n.1 is not involved  in any kind of sale and purchase on its own.  It is further submitted that the product in issue was sold by OP no.2 which is clear from the invoice. The OP no.1 merely provides a platform for the transaction and is not involved  in the transaction. It is clarified that that an amount of Rs.125/- as duly transferred into the wallet of the complainant on 1.9.2017 and that was done only after the acceptance of the complainant and therefore  there is no deficiency in service on the part of the OP no.1.

4.             In reply filed by the Op no.3, it is submitted that the  OP no.3 does not have any role to play in the transaction took place between  the complainant and OPs no.1 and 2 the seller  in the present complaint. It is submitted that the OP no.3 picks the sealed packed product from the seller and delivers it to the buyer without altering/ opening/ damaging/ tempering the packaging on the box.  It is submitted that the OP no.3 is neither a trader nor a service provider.  

5.             The complainant has tendered documents Ex.C-1 to Ex.C-7 and closed evidence. On the other hand, OPs have tendered documents Ex.OP1/1 alongwith annexure Ex.OP1/A, Ex.OP3/1 alongwith Annexure OP3/A and closed evidence.  

6.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the parties, we find that it is the case of the complainant that he had placed an order of book titled as Mudraraksas by Vishakdutt to OP no.1 on online which was sold by OP no.2. The product was delivered to him on 24.08.2017 and cash amount of Rs.295/- was paid on delivery.  The gross amount mentioned on the bill was Rs.250/- and Rs.45/- was charged for shipping. After receiving the book the complainant was shocked to see that price written on book was Rs.125only and as such the OPs had sold the book at double price to the complainant. On the other hand,  OP has stated that  OP no.1 merely  provides a platform for the transaction and is not involved  in the transaction. It has been further stated that  an amount of Rs.125/- was duly transferred into the wallet of the complainant on 1.9.2017 and that was done only after the acceptance of the complainant  and therefore  there is no deficiency in service on the part of the OP no.1.

7.             It is an admitted fact on record that the complainant purchased  book titled as  Mudraraksas by Vishakdutt  and paid an amount of Rs.295/-  at the time of delivery of the same to him. The main grievance of the complainant in this case is that  after receiving the book he came to know that price written on the book was Rs.125/-only  and as such the OPs had sold the book at double price to the complainant.  From the perusal of the affidavit of  Mr. Satyajeet Bhattacharya Ex.OP1/1, we find that  Mr. Bhattacharya has stated that  intimation  regarding the grievance  was duly updated to the seller  and therefore the disputed  amount was transferred electronically in the gift wallet and the amount  can be used by the complainant for purchase of any other product. The complainant has admitted regarding receiving of  said gift card but  the complainant opposed  this act of the OPs  by saying that the money  should be transferred  to  his bank account by Flipkart itself as its their mistake.  Learned counsel for the complainant has also argued that  when anyone return  a product even then Flipkart itself transfers the money to customer's bank account.  The complainant has also sent so many emails to the OPs in this regard which are on record Ex.C-3 to Ex.C-7.  We find that  if the  OP himself has admitted that he had given a gift card  of Rs.125/- to the complainant  and same can be used for shopping  on Flipkart app only which itself shows that the OP had charged an amount of Rs.125/- in excess from the complainant which is clear cut unfair trade practice  on the part of the OPs. The OP no.2 did not appear and contest the case of the complainant and remained exparte in the case.  As such evidence produced by the complainant has gone unrebutted on record.     

8.             For the reasons recorded above, we allow the complaint and direct the OPs to pay to the complainant an amount of Rs.125/- as excess charged  from him and to pay an amount of Rs.5,000/-   being compensation on account of mental pain, agony, harassment and litigation expenses. We further order the OPs to deposit an amount of Rs.10,000/- in the Consumer Legal Aid Account  maintained  with this Forum.      

9.             This order of ours shall be complied with within 30 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                       

                Announced

                April  18, 2018

 

 

 

                 (Vinod Kumar Gulati)       ( Sarita Garg )                                                                                                                                                                                                                        Member                                                 Presiding Member