TanamBansal Vs. Flipkart                   CC/96/2024

Present:        Sh.R.K.Dhaka, counsel for complainant.

                   Sh. Harish Chawla, Advocate counsel for OP no.1

                   None for OP nos. 2 and 3.

                   Sh.Ritesh Gagneja, Advocate counsel for OP no.4.

                   Sh. Harish Chawla, Advocate filed power of attorney on behalf of OP no.1. Sh. Ritesh Gagneja, Advocate filed power of attorney on behalf of OP no.4 along with written reply, affidavit and documents.

As per averments of the complainant in the present complaint, complainant purchased a mobile from opposite party no.1 through online transaction having make/model Samsung Galaxy A-22 5G, vide invoice dated 06.07.2022 and paid Rs.15,798/-. The present complaint has been filed seeking directions for replacement or refund of the price of Rs.15,798/- of the mobile handset in question on account of manufacturing defect in the mobile. 

          We have carefully gone through the record. Ex.C-2 is the tax invoice which shows that product Samsung Galaxy A22 5G has been purchased by the complainant for Rs.15,798/- from OP no.2 through OP no.1 vide order and invoice  dated 06.07.2022.

Sh. Harish Chawla, Counsel for the OP No.l has suffered statement today to the following effect:-

"I offer to pay to complainant a sum of Rs.15,798/- as refund price of mobile handset in question within a period of 30 days from today in the bank account of complainant whose banking details have been received from counsel for complainant today. A period of 30 days may be counted from the date of receipt of defective mobile from the complainant”.

Sh.R.K.Dhaka, counsel for complainant has also suffered a statement today to the following effect:-

“I agree with the offer made by counsel for OP-1 & present complaint may be disposed off accordingly”.

                             In view of the statements of counsel for OP no.1 and complainant, the present complaint is disposed off with directions to the opposite party No. 1 to take delivery of defective mobile in question from the complainant within a period of 15 days from the date of receipt of certified copy of this order. And thereafter, OP no. 1 will refund a sum of Rs.15,798/- in the bank account of complainant as refund price of mobile in question within a period of 30 days. Compliance of this order be made within the stipulated period, failing which the awarded amount shall carry interest @9% per annum from the date of purchase of mobile in question. Certified copy of this order be supplied to the parties free of costs as per rules. File be indexed and consigned to the record room.

(TajinderKaur)                (Raghbir Singh Sukhija)           (Vishal Arora)

Member                          Member                                    President

                                                                                                                                   10.09.2024