DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

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

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

                       Saturday  the 27^th     day of November    2021

C.C. 270/2018

Complainant

  V. Chandrasekharan Nair

  Sreenadanam House   

  Chelannur (P.O)

   Kozhikode – 673 616.

Opposite Parties

1.     M/s. Flipkart Internet Pvt Ltd

        Vaishnavi Summit, Ground Floor

        7^th main, 80 Feet Road, 3^rd Block

        Koramangal, Bangaluru – 560 034.

        (By Adv. Jeril Babu)

2       M/s. Rotobotix Engineering Pvt Ltd

        Gala No. 134, 1^st floor, A- Wing

        Shanti Industrial Estate, s n Road,

        Tambe Nagar, Mululd (W) Mumbai – 400080.

         (Ex-parte)

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

        This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.

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

            The complainant  purchased the product “Quadcopter Mega Combo Pack Type-1” through online from the 1^st opposite party on 20.04.2017. In order to get fast delivery of the same from courier service, the official address of his son was given as delivery address. An amount of Rs.10,105/- had been credited for the above item from his saving bank account through debit card. The product was delivered by the 2^nd opposite party. But on verification, the battery included in the package was not working. Immediately he contacted Flip Cart Customer Service Advisor over phone several times and requested for replacement of the damaged battery, who informed that It was not possible to replace the item   and directed to return the same for refunding the amount. Accordingly, the complainant returned the product  through courier agent and he got confirmation message. But the refund amount of Rs.10,105/- had not been deposited to his account. Hence he contacted Flip Cart Customer Service Advisor several times and requested to resolve the issue. But the issue was not solved.  The Flip Cart Customer Care Advisor informed that the amount was transferred by the seller on 16/05/2017. But it is not deposited in his  account till date. Then he contacted the bank. Based on the information sought from the bank, he requested the Flip Cart Customer Care to give bank account details from which the amount was refunded based on the transaction ID. But they refused to provide the details. He issued letter to the opposite parties highlighting his grievance. But not even a reply was sent by them. Hence the complaint directing the opposite parties to refund Rs.10,105/- and pay compensation of Rs.10,000/- for the mental agony and harassment suffered by him along with litigation expenses.

        3. The first  opposite party  filed version. The 2^nd opposite party was set ex-parte.

4. The contentions of the 1^st opposite party,  in brief, are as follows:  Their role/involvement is as an  intermediary only, i.e, to provide online platform to facilitate the whole transaction of sale and purchase of goods by the respective sellers and buyers on its Flip Cart Platform.  No product has been sold to the complainant by them. It was the 2^nd opposite party who sold the product. The complainant purchased the product from an independent 3^rd party seller i.e, 2^nd opposite party on Flip Cart Platform. There is no privity of contract between the complainant and the 1^st opposite party. Complete refund of an amount of Rs.10,105/- was duly credited to the bank account of the complainant on 16/05/2017  and this fact was duly informed to the complainant. The complainant failed to produce his bank statement and the bank is not a party to the proceedings. There was no deficiency of service on the part of the 1^st opposite party.   The 1^st opposite party cannot be held liable for  any deficient act  done by the Bank. They have not received any notice from the complainant. With the above contentions, the 1^st opposite party prays for the dismissal  of the complaint. 

        5.  The points that arise for determination  in this case are:

                (1)  Whether there was any  deficiency of service from

   the part of the opposite parties,  as alleged ?   

                (2)  Reliefs and costs.

6. The complainant was examined as PW1 and Exts.A1 to A7 were marked on the side of the  complainant. The opposite parties did not adduce any evidence

        7. Heard .

        8. Point No. 1 :  There are some admitted facts in  this case. That the complainant purchased  the product “Quadcopter Mega Combo Pack Type-1”   through online  from the 1^st  opposite party on 20.04.2017 is admitted. The 2^nd opposite party is the seller of the product.  Ext A1 is the invoice/bill. An amount of Rs.10,105/- was debited for the above item from the savings bank account of the complainant maintained in  the Central Bank of India, Kozhikode branch through debit card. The product was supplied by the 2^nd opposite party and received by the complainant. Since the battery included in the package was not working, it was returned for refunding the amount since it was informed by the Customer Service Advisor of the 1^st opposite party that the replacement of the  damaged battery was not possible.  There is no serious dispute on the above aspects.

9. The only dispute is with regard to the refund of the amount. The grievance of the complainant is that though it was informed by the Customer Care Advisor of the 1^st opposite party as per Ext.A2, A3 and A4 that the amount had been transferred by the 2^nd opposite party on 16/05/2017, it is not seen deposited to his bank account till date.  The complainant when examined as PW1 has reiterated and reaffirmed before this commission that the amount has not yet been deposited to his account. Ext.A7 account statement is also produced by the complainant in  support of his case. Ext.A7 shows that no such amount has been deposited in the account of the complainant maintained in  the Central Bank of India, Kozhikode Branch. PW1 has categorically deposed that though he had requested the Customer Care of the 1^st opposite party to give the bank account details from which the amount was refunded based on the ID furnished by the 1^st opposite party, no such details were given to him. It is proved from Ext.A7 that the amount alleged to have been transferred to the account of the complainant has not reached his account. It amounts to gross deficiency of service

10. The product was purchased through the online portal of the 1^st opposite party. All the queries relating to the purchase and return of the product were made through the Customer Care of the 1^st opposite party. The returned product was collected by the agent of the 1^st opposite party.  Hence both the opposite parties are responsible for not crediting the refund amount to the account of the complainant. The 1^st opposite party cannot escape the liability by putting  the blame on the 2^nd opposite party and contending that there is no privity of contract between them and the complainant.  The complainant is entitled to get  refund of the amount of Rs.10,105/- with interest @ 6% per annum from the opposite parties. Undoubtedly, the act of the opposite parties have caused mental agony and hardship to the complainant. The opposite parties are bound to compensate the complainant adequately. Considering the entire facts and circumstances of the case, we are of the view that a sum of Rs.5,000/- will be reasonable compensation in this case.

11. Point No. 2  :

     In the light of the findings on the above points, the complaint is disposed of as follows:

1.   CC  270/2018 is allowed  in part.
2. The opposite parties are directed to pay an amount of Rs.10,105/- ( Rupees Ten  thousand  one hundred and five only) to the complainant with interest @ 6% per annum from the date of the complaint i.e 26/09/2018  till realisation.  
3.  The opposite parties are directed to pay a sum of Rs.5,000/- (Rupees five thousand only)  to the complainant  as compensation for the hardship and  mental agony  suffered.
4.   The payment as aforestated  shall be made  within 30 days from the date  of receipt of copy of this order.
5. No order as to costs.

Dictated to the Confidential Assistant, transcribed by her and corrected by me and pronounced in the open commission  on this the  27^th day November   2021.

Date of Filing: 26/09/2018.

                                                            Sd/-

                                                        PRESIDENT

                                                           Sd/-

                                                        MEMBER

APPENDIX

Exhibits for the Complainant :

Ext. A1 –  Copy of  the  Invoice/bill

Ext. A2 – Copy of the  shipping details

Ext.A3  - Copy of  the  letter from Flipcart

Ext.A4 -  Copy of  the letter from  Flipcart customer support

Ext.A5 - Copy of  the  letter to Flipcart from Complainant

Ext.A6 – Copy of the  letter to Flipcart from Complainant

Ext.A7 – Copy of  Bank statement

Exhibits for the Opposite Parties

        Nil

Witnesses for the Complainant

 PW1 -  V. Chandrasekharan Nair – Complainant.

Witnesses for the opposite parties

-       Nil - 

                                                     Sd/-       

                                                PRESIDENT

                                                    Sd/-     

                                                MEMBER

                                                                Forwarded/By Order

                                                                Senior Superintendent