DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB        : PRESIDENT

                  Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

                  Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Monday the  31st  day of January 2022

C.C. 183/2020

Complainant

        Niyas T

        Kuduthan Kandiyil (H)

        Parannoor P O, Narikkuni Via

        Kozhikode – 673 585

Opposite Party

Sreemand M

Flipkart Internet Pvt. Ltd.

E mail-Embasytech Village,

8th Floor, Block B, Devarabeesanahalli Village

Varthur Hebli, Bengaluru East Taluk

Bangaluru, Karnataka – 560 103

(Ex-parte)

ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

           This is a complaint filed under  Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

The complainant ordered  a shirt through Flipcart. The price was Rs.2,659/- . But the shirt supplied was not suitable for him. His request  to take back the shirt was declined by the opposite party. Hence the complaint for return of the price  and compensation of Rs.4,000/-.

3. The opposite party remained ex-parte.
4. The points that arise for determination in this case are :

1. Whether  there was any deficiency of service on the part of the opposite party?
2. Reliefs and costs

5. Point No.1 –  The opposite party remained absent. The case was  posted for  evidence of the complainant  several times . But the complainant also remained absent and did not file affidavit or adduce any evidence.  The fact that the opposite party was set ex-parte does not automatically entitles the complainant to get the relief sought for. It is for the  complainant to prove the allegations in the complaint by adducing proper evidence. But the complainant  in this case has utterly failed to prove his case. No deficiency of service as alleged is proved against the opposite party.

     6.Point No.2 :  In view of the finding on the above point, the complainant is not entitled to get the relief sought for and the complaint is only  to be dismissed. 

In the result, CC 183/2020 is dismissed. No order as to costs.

Pronounced in open commission on this the 31^st day of January 2022.

Date of Filing: 16/09/2020

PRESIDENT                         MEMBER             MEMBER

                                        APPENDIX

Exhibits for the Complainant :

-       Nil -

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

NIL

Witnesses for the opposite party

NIL

       Sd/-                               Sd/-                               Sd/-

PRESIDENT                           MEMBER                          MEMBER        

                                                        Forwarded/By Order

                                                      Senior Superintendent