This case has been arising out of the complaint filed by the complainant against the O.Ps named above u/s. 12 of the Consumer Protection Act, 1986.
The case of the complainant, in short, is that the complainant is a photographer and the complainant placed an order for DSLR camera manufactured by Canon, Model - EOS DSLR on 21/12/2018 through online shopping from the O.Ps E-commerce site. The complainant paid Rs. 32,050/- to the O.Ps through his credit card of Axis Bank and after that payment the O.Ps generated a order ID No. 0D114226305830280000. On 27/02/2018 the complainant received one consignment from the O.P No. 1 through its courier service i.e. O.P No. 2 but after opening the box the complainant found the said box contain was Detergent Bars instead of DSLR camera. Thereafter, the complainant sent a email for return request with the E-commerce site of the O.Ps and the O.Ps accepted the return request from the complainant through her E-commerce site. After receiving the return request the O.P No.1 assured the complainant that within twelve business days i.e. 27/12/2018 the O.P No.1 had processed a return ID No. 121041427767807775210. Unfortunately, O.P No. 1 did not pick up the consignment from the complainant within time and even after several communications conducted by the complainant to the O.Ps but the O.Ps did not complete the return request process. On 30/12/2018 O.Ps have blocked the E-commerce account of the complainant without solving the return request. After that O.Ps are failed to take reasonable care where there is a duty to care of the parcel that is the negligence and deficiency in service on the part of the O.Ps. In that reason the complainant had to huge financial loss and also suffering from mental agony and harassment. Ultimately, the complainant has filed this case and praying for Rs. 32,050/- onwards the cost of booked item and also claim Rs. 1,00,000/- for his harassment, mental agony and sufferings and also claim Rs. 50,000/- for his photography, peace and reputation and another claim Rs. 10,000/- as litigation cost.
The O.Ps has filed the written version, evidence-in-chief and also written argument. They have denied all the allegations made by the complainant. It is the case of the O.Ps that Flipkart is the platform by which the seller used to sell their product to the customer and if any problem is created then seller will take initiative to take return of the same and in that case the O.P No. 1 is not responsible for any defect of the product. The specific case of the O.Ps are that the complainant purchased one Canon DSLR camera manufactured by Canon of Rs. 32,050/- from O.P No. 1 on 21/12/2018 the product was sold by seller M/S Dina Colour Lab registered on Flipkart platform as registered seller which is evident from invoice copy attached with the reply. The O.Ps has neither show nor delivery any product to the complainant the seller itself has sold and deliver the product to the complainant and if any defect or damage or others found then the seller will take return of the said product and refund the amount. The O.Ps are not responsible for return of the said product or return the amount. They have prayed for dismissal of this case.
We have perused the materials on record meticulously. Considering the above pleadings the following issues are necessarily come out to consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.12 (1)(d)(ii) of Consumer Protection Act, 1986 ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as he prayed for?
DECISION WITH REASON
Considering the nature and character of the case all the points are taken up together for consideration for the sake of brevity and convenience.
Point Nos. 1 and 2:- The complainant has purchased the DSLR camera of Canon product through E-commerce site of O.P No. 1 by making payment to O.P No.1 and O.P No. 2 has delivered the same to the complainant and after opening the box the complainant found that the box was filled up with detergent bars and no camera was inside the box. He then sent the return message to the O.P No. 1 and the O.P No. 1 has accepted and acknowledged the said message and ultimately, several correspondences to email but the O.Ps neither took back the said box nor refund the amount to the complainant. So, here the complainant is the consumer according to section 2(d) of Consumer Protection Act and he has filed this case u/s. 12 of the Consumer Protection Act which is well maintainable in law. The complainant resides within the jurisdiction of this Commission and all the transaction was made through online from his residence. So, the Commission has the jurisdiction to try this case.
Point Nos. 3 and 4:- It is the case of the complainant that he has placed order to the Flipkart (O.P No. 1) for purchasing a Canon DSLR camera and he has paid Rs. 32,050/- for the said camera to O.P No. 1 through online. He has received the product through O.P No. 2 and after opening the box he found that without camera only detergent bars were inside the said box. Then he informed the matter by email to O.P No. 1 and also requested to return the same. His return request was accepted but it was not taken up. Several correspondences were made in between them but no fruitful result came out. Ultimately, the O.P No. 1 has closed the email account of the complainant. The O.Ps stated that he is in the platform to sell the camera online. The seller is responsible for supply of the products and also to take return of it. The O.Ps has no liability to take return of the same and refund the amount. After careful scrutiny of the case record we find that the admitted position of the complainant is that he placed an order purchased of Canon DSLR camera through O.P No. 1 and made online payment through his credit card. We also find that complainant received one box through O.P No. 2 and the said box was filled of detergent bars and no camera was supplied. It also appears that the return request was initiated by the complainant to O.P No. 1 by email and the O.P No. 1 accepted the same and informed that it will be taken back within 12 days but thereafter, the said product was not taken up and no refund was made. Several correspondences were made to the O.P No. 1 through email and the O.P No. 1 assured that the refund amount will be credited to his credit card account but no refund is made till date. All correspondences filed by the complainant is there from which it appears that the O.P No. 1 replied to the queries of the complainant and stating that refund will be made for a short time but ultimately, it was not done. We find that O.Ps have shifted the liability to the seller and stating that seller is the responsible for refunding of the amount. But the question is that the complainant is placed the order to the Flipkart and make payment to the Flipkart through online. Who is the seller whether the seller received the amount of the complainant is not within the knowledge of the complainant. The return request was received by the O.P No. 1 which they have accepted the same and stating that the product will be taken by within 12 days and also stated that the amount will be refund within seven business days. In that correspondence it is not mentioned there the name of the seller. The O.P No. 1 never stated that the seller is the responsible for return of the same. The O.P No. 1 gave assurance several times to the complainant to resolve the dispute and refund of the money. The complainant purchased the product by placing the order to O.P No. 1 and the purchaser does not know who is the seller. O.P No. 1 take the responsibility for supplied the product after receiving the payment and O.P No. 1 is also accepted the return request of the purchaser. The seller never informed nor returned the amount to the purchaser. So, the Flipkart is responsible to take return of the goods and refund the amount. If any dispute arises then it will be between O.P No. 1 and the seller. The complainant is not the party to dispute in between the O.Ps and the seller. The O.P No. 1 can not deny his responsibility for refund of the amount. He gave several assurances to the complainant but ultimately failed. The O.P No. 1 can not deny return of the said amount to the complainant by taking the plea that seller will responsible for return of the same. The complainant has purchased the product on the basis of a reputation of O.P No. 1 and the O.P No. 1 has accepted the return message of the product and also assurance to give refund of the amount but at this stage he can not deny the same. It is completely deficiency in service as well as unfair trade practice by the O.Ps for not refunding the amount by giving separate product instead of actual product and the O.P No. 1 has to refund the amount to the complainant along with interest. The complainant is also entitled to get the compensation and litigation costs. The O.P No. 1 can settle the dispute with the seller but in that case complainant will not be suffered any more.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and same is allowed on contest against the O.Ps. The complainant do get the award of Rs. 32,050/- for amount of the said Canon DSLR camera along with 6% interest Per Annum from date of payment of that amount till realization of the same and he also do get an award amounting to Rs. 50,000/- as compensation for his mental agony and sufferings and also Rs. 5,000/- as his litigation costs; total decreetal amount of Rs. 87,050/- (Eighty Seven Thousands Fifty Rupees) excluding interest. The O.Ps are hereby directed to pay the decreetal amount along with the interest upon the cost of the Canon DSLR Camera as stated above till the payment is made to the complainant. The O.Ps are directed to the pay the said award to the complainant within 30 days from this day, failing which legal action will be taken against him.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
