West Bengal

Bankura

CC/54/2023

SHRABANI DAS - Complainant(s)

Versus

FLIPKART - Opp.Party(s)

08 Jan 2024

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 54/2023

          Date of Filing:  09/06/2023

                                            

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Self

For the O.P.:  Ld. Advocate Sayantan Chowdhury

 

Complainant  

Shrabani Das, Vill + P.O.Lakshmisagar, Dist. Bankura, P.S.Simlapal, PIN-722 160, Mob.9749259536                                                                                           

Opposite Party                                                                                                                                                    

1.Flipkart India Private Limited, Vaishnavi Summit, Ground Floor, 7^th Main, 80 Feet Road, 3^rd Block, Koramangala Industrial Layout, Bangalore KA 560034 IN

2.EKART at Lakshmisagar, Shriramganj, Lakshmisagar, Simlapal, Bankura- 722160

 

FINAL ORDER / JUDGEMENT

 

Order No.07

Dated:08-01-2024

No step is taken by the Complainant.

O.P. files hazira through Advocate.

The case is fixed for argument.

In view of Section 38(3)(c) of Consumer Protection Act, 2019 the Commission proceeds to dispose of the case on merit in absence of the Complainant after hearing argument from the O.P.

The Complainant’s case is that she booked an order with O.P. No.1/Flipkart for purchase of medical equipment namely Retinoscope of Brand WELCH-ALLYN18342/VC (rechargeable) on 24/01/2023 for Rs.25,037/- but to her utter surprise she got delivered a different product i.e. one Eye Vision Chart of the same price on 29/01/2023 through O.P.  No.2/Delivery Agency and immediately thereafter she complained to the O.P./Flipkart for receipt of such wrong product and requested for return of the same by delivery of the actual product. Said refund request was made several times but in each case it was rejected by O.P./Flipkart without returning the product and refunding the price thereof. The husband of the Complainant is Opthalmologist and the booked equipment is urgently required for his profession. The entire price of the product has been deducted through Credit card and now the Complainant is in a horns of dilemma as she has not received the actual product but lost the money. She has approached this Commission for appropriate relief.

                                                                                                                                                                                  Contd……p/2

Page: 2

O.P. No.1/Flipkart contested the case by filing a written version taking the common plea that they have no liability in delivery of the wrong product. Their further defence case is that their identity is Flipkart Internet Pvt.Ltd. different from Flipkart India Pvt. Ltd.

O.P. No.2 did not file any written version.

                                                                              -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that admittedly the order was placed on online platform known as Flipkart and that wrong product has been delivered though full payment has been made. The Complainant has neither received the actual product nor the refund price thereof.

In view of the Provision laid down in the Consumer Protection Act (E-commerce Rules), 2020 Flipkart is a  market place E-commerce entity and  in view of Section 6(4)(a) of the said Act any seller offering goods or services through a market place E-commerce entity shall have a prior written contract with the respective E-commerce entity in order to undertake or solicit such  sale or offer. Thus O.P. No.1/Flipkart has bounden duty to facilitate the transaction between buyer and seller on online platform and they cannot avoid this legal liability by citing flimsy excuse by manipulation of identity.

The case therefore succeeds. The Complainant is entitled to get the relief as prayed for.        

Hence it is ordered……..

That the O.P. No.1/Flipkart is directed to deliver the actual product to the Complainant or to refund the price thereof for Rs.25,037/- within one month from this date after getting return delivery of the wrong product from the Complainant in default law will take its own course.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT          HON’BLE MEMBER