Haryana

Kurukshetra

248/2017

Gaje Singh - Complainant(s)

Versus

Flipkart - Opp.Party(s)

Ajay Taneja

17 May 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.248 of 2017.

                                                     Date of institution: 22.11.2017.

                                                     Date of decision:17.05.2018.

Gaje Singh sonn of Sh. Sher Singh, resident of H.No.107-D, Railway Colony, Kurukshetra, District Kurukshetra.

                                                                        …Complainant.

                        Versus

1. Flip Kart, Internet Private Ltd. Vaishnavi Summit, Ground floor, 7^th Main, 80 Feet Road, IIIrd Block, Koramangala, Bengaluru-560034, Karnatka (India) through its authorized signatory.
2. Seller Registered SAARKL145, Kavi Nagar, Ghaziabad-201002 through its authorized signatory.
3. Bansal Communication, Service Centre of Samsung Mobiles, near Geeta Dwar, Pipli, District Kurukshetra through its proprietor.
4. Samsung India Electronics Limited, CS Department, 61-IFCI Tower, Nehru Palace, New Delhi through its Managing Director. 

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.

       

Present:     Sh. Ajay Taneja, Advocate, for the complainant.   

                Sh. Rakesh Arora, Adv. for Op No.1.

                Op No.2 exparte.

                Sh. Shekhar Kapoor, Advocate for the OPs.No.3 & 4.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Gaje Singh against Flip Kart and others, the opposite parties.

2.            It is stated in the complaint that the complainant purchased a mobile set make Samsung J-7 bearing IMEI No.SM-J710FZDUINS from the Op No.2 through Op No.1 vide invoice No.FAAQXLI800000191 dt. 06.09.2017 for a sum of Rs.11,850/-.  It is alleged that from the very beginning, the said mobile set was having some problems i.e. camera, network and display problem.  It is further alleged that the complainant deposited the mobile set with the Op No.3 i.e. service centre of Ops but despite repair, the defects could not be repaired by the Op No.3.  It is further alleged that the complainant approached the Ops several times to repair or replace the mobile set but the Ops did not do so.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to refund Rs.11,850/- i.e. cost of mobile set alongwith interest @ 12% p.a. and further to pay Rs.50,000/- as compensation for harassment and mental agony as-well-as Rs.11,000/- as litigation charges.   

3.            Upon notice, the OPs No.1, 3 & 4 appeared before this Forum, whereas Op No.2 did not appear and opted to proceed exparte vide order dt. 02.01.2018.  Ops No.1, 3 and 4 contested the complaint by filing their separate replies.  Op No.1 filed the reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that the complainant has concealed the true and material facts from this Forum.  The true facts are that the Op No.1 provides online market place platform/technology to the sellers and buyers of products to facilitate the transactions, electronic commerce for various goods and enable them to deal in various categories of goods; that the business of Op No.1 falls within the definition of an “intermediary” under Section 2(1(w) of the Information Technology Act, 2000; that there is no deficiency in service on the part of Op.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

4.             Ops No.3 & 4 filed the reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; jurisdiction; that there is no privity of contract between the Ops No.1 & 2 and the answering Op.  The answering Ops are not responsible for any act committed by the Ops No.1 & 2.  The Samsung Electronics Co. Ltd. has an online system to enter all claims/complaints in each and every case but in the present complaint, no details found in the online system of the company which means that the complainant has never approached the answering Ops.  There is no deficiency in service on the part of Op.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint

5.             Both the parties have led their respective evidence to prove their version.

6.             We have heard the ld. Counsel for both the parties and perused the record carefully.

7.             From the cash memo, it is made out that the Unit in question was purchased on 06.09.2017 for the sale consideration of Rs.11,850/-.  From the perusal of complaint and other documents, it is clear that the unit became defective within the warranty/guarantee period and despite  several requests, the defects could not be removed from the said mobile set.  In these circumstances, the complainant is entitled to get it replaced from Op No.4, who is manufacturer of the unit in question.

8.            In view of our above said discussion, the complaint of the complainant is allowed and we direct the OP No.4 to replace the hand set of the complainant with new one of the same model.  The complainant is directed to deposit the old hand set along with bill and accessories with the service center of the company.  The order; be complied within a period of 60 days, failing which, penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party No.4.  Copy of this order be communicated to the parties free of cost.  File be consigned to record after due compliance.     

Announced in open court:

Dt.:17.05.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member