By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows:-
Complainant had purchased Mi 5A 80cm (32 inch) HD Ready LED Smart Android TV with Dolby Audio (2022) model from Flipkart on 18/09/2022 by 6 months EMI.Complainant received the product on 20/09/2022 and the technician of opposite
party No.1 came to complainant’s house and installed the TV, but the TV display is not switching on. Then the technician suggested to the complainant to return the product by mentioning the “received product is defective”. Then complainant made a return request and for refund of the amount through Flipkart mobile application.
2. Then complainant again ordered the same product from Flipkart and which is working fine till now. Thereafter there is no update from the seller regarding the return pickup on the date they have scheduled. Hence complainant made a conversation with the Flipkart customer support executive regarding the above matter. Then complainant received a phone call from Flipkart that the product return has been approved and the pickup was scheduled to 30/09/2022 by the seller. They also said to complainant that once the pickup has done complainant will get the refund amount within 3-4 business days. But nobody came for pickup on the scheduled date and complainant not received any updates from the seller.
3. After so many conversation with opposite party No.2, they were rescheduled the pick up to a particular date. Thereafter complainant received a call from opposite party No.2 that they are facing a technical issue and they could not make a refund. Complainant has lost hope in the promise made by the seller. Thereafter complainant had raised a complaint before the Consumer Forum as per docket No.3950085 and he had received a call from Flipkart that they have approved the return and the product will be picked up on 25/10/2022. But nothing happened. Complainant again stated that all the promises made by opposite parties are like the lines draw in water.
4. Complainant again stated that he had done the payment for the above TV by using his credit card as 6 months EMI at the rate of interest of 14%.There is clear deficiency of service and unfair trade practice from the side of opposite parties. Hence this complaint.
5. The prayer of the complainant is that, he is entitled to get a full refund of Rs. 13,999/- the cost of the TV and he is also entitled to get Rs. 1099/- the amount he had spent for extended warranty for the complete appliance protection with 15% interest, compensation on account of deficiency in service and unfair trade practice on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant and cost of the proceedings.
6. On admission of the complaint notice was issued to the opposite party No.1 and notice served on them on 30/12/2022. On that day they filed vakkalath, but no version filed. Hence case posted for affidavit of complainant on 20/03/2023. On that day opposite party No.1 represented that they filed version on 16/02/2023, but which is beyond the statutory period of 45 days. Thereafter on 13/04/2023 complainant filed one IA 189/2023 to implead the supplemental opposite parties as opposite party No.2 and 3 in the complaint. That petition allowed and notice sent to opposite party No.2 and 3. Notice of opposite party No.2 and 3 served on 25/4/2023, but there is no representation from their side and no version filed by them. Hence opposite party No.2 and 3 set exparte.
7. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to
A5. Ext.A1 is the copy of email complaint filed by complainant before the Consumer Helpline of Government of India as per grievance No.3950085 dated 20/10/2022. Ext.A2 is the copies regarding the refund rejection and replacement. Ext.A3 is the copy of tax invoice given by opposite party No.1 to complainant on 18/09/2022. Ext.A4 is the copy of tax invoice dated 18/09/2022. Ext. A5 is CD and the details of chatting between complainant and Flipkart support executive. On 09/10/2023 opposite party No.1 filed affidavit without documents. Complainant filed affidavit and documents on 20/03/2023. There is no version for opposite party No.1. Moreover opposite party No.1 filed affidavit after 7 months of filing the affidavit by complainant. On 09/10/2023 opposite party No.1 also set exparte because there is no version filed by them in the statutory period.
8. Heard the complainant and perused the affidavit and documents filed by complainant.The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced five documents which are very supportive to prove his case. From the documents filed by complainant it is clear that opposite parties not refunded the amount to complainant till now. As per Ext.A1 document it is clear that complainant filed a complaint before the Consumer Helpline on 20/10/2022 and opposite party No.2 said sorry for the trouble caused to the complainant and they promised that the pickup has been scheduled and the product will be picked up on 25/10/2022 and they also promised that once the pickup is confirmed the refund of the amount of Rs.13,999/- will be credited within 5 business days as per the standard banking procedure. But opposite parties did not act according to their promise. Hence the Commission finds that there is deficiency in service and unfair trade
practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
9. We allow this complaint as follows:-
- The opposite parties are directed to refund Rs. 13,999/- (Rupees Thirteen thousand nine hundred and ninety nine only) the cost of the TV and Rs. 1099/-(Rupees One thousand and ninety nine only) the amount which had spent by the complainant for extended warranty for the complete appliance protection to complainant with 15% interest from 18/09/2022 to 30/11/2023 and opposite parties are directed to take the TV from complainant’s house after paying the amount to complainant.
- The opposite parties are directed to pay compensation of Rs.20,000/-(Rupees Twenty thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties also directed to pay Rs. 2,000/- (Rupees Two thousand only ) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 30th day of November, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A5
Ext.A1 : Copy of email complaint filed by complainant before the Consumer
Helpline of Government of India as per grievance No.3950085 dated
20/10/2022.
Ext.A2 : Copies regarding the refund rejection and replacement.
Ext.A3 : Copy of tax invoice given by opposite party No.1 to complainant on
18/09/2022.
Ext.A4 : Copy of tax invoice dated 18/09/2022.
Ext. A5 : CD and the details of chatting between complainant and Flipkart support
executive.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
