Haryana

StateCommission

A/627/2016

FLIPKART INTERNET PVT.LTD. - Complainant(s)

Versus

SANDEEP KUMAR - Opp.Party(s)

AMIT MAHAJAN

01 Dec 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.  :  627 & 628 of 2016

Date of Institution: 11.07.2016 & 11.07.2016  

                                     Date of Decision:   01.12.2016

 

Appeal No.627 of 2016

 

Flipkart Internet Private Limited, Vaishnavi Summit, Ground Floor 7^th Main, 80 Feet Road, 3^rd Block, Koramangala Industrial Layout Bangalore 560034, Karnataka.

….Appellant-Opposite Party No.1

 

Versus

 

1.      Mr. Sandeep Kumar, resident of H.No.337, Gali No.7, Gandhi Nagar, Karnal.

….Respondent No.1-Complainant

 

2.      WS Retail Services Private Limited, Ozone Manay Tech Park No.56/18, B-Block, 9^th Floor Garvebhavipalya, Hosur Road Bangalore-560068, Karnataka.

 

                                      ….Respondent No.2-Opposite Party No.2

 

3.      Dell India Private Limited, Divyashree Greens, Ground Floor 12/1, 12/A, 13/1A, Challagha H.Q. Village, Varthur Hobli, Bangalore (South)-560071, Karnataka.

 

….Respondent No.3-Opposite Party No.3.

 

Appeal No.628 of 2016

 

WS Retail Services Private Limited, Ozone Manay Tech Park No.56/18, B-Block, 9^th Floor Garvebhavipalya, Hosur Road Bangalore-560068, Karnataka.

          ….Appellant-Opposite Party No.2

 

Versus

 

1.      Mr. Sandeep Kumar, resident of H.No.337, Gali No.7, Gandhi Nagar, Karnal.

….Respondent No.1-Complainant

 

2.      Flipkart Internet Private Limited, Vaishnavi Summit, Ground Floor 7^th Main, 80 Feet Road, 3^rd Block, Koramangala Industrial Layout Bangalore 560034, Karnataka.

 

                                             ….Respondent No.2-Opposite Party No.1

 

3.      Dell India Private Limited, Divyashree Greens, Ground Floor 12/1, 12/A, 13/1A, Challagha H.Q. Village, Varthur Hobli, Bangalore (South)-560071, Karnataka.

 

….Respondent No.3-Opposite Party No.3.

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. B.M. Bedi, Judicial Member.

Mr. Diwan Singh Chauhan, Member.

                         

 

Present:     Mr. Amit Mahajan, Advocate for the Flipkart Internet Private Limited.

                   Mr. Sandeep Kumar-complainant in person.

                   Mr. Jitender Kumar-Authorized Representative on behalf of WS Retail Services Private Limited.

                   (Service of Dell India Private Limited dispensed with vide order dated 07^th October, 2016)

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

This order shall dispose of afore-mentioned appeals bearing No.627 & 628 of 2016 filed by Flipkart Internet Private Limited-opposite party No.1 and WS Retail Services Private Limited-opposite party No.2 respectively because they have arisen out of common order dated April 01^st, 2016 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘District Forum’) in complaint No.414 of 2013, whereby, complaint was allowed. Operative part of the order is reproduced as under:

We accept the present complaint and directed the Opposite Parties No.1 and 2 to refund the price of the laptop to the complainant. The complainant shall also be entitled for a sum of Rs.5500/- for the mental harassment suffered by him and for the litigation expenses. The Opposite Parties No.1 and 2 shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order.

 

2.      Sandeep Kumar-complainant placed online order on the website with Flipkart to purchase a laptop of Dell Vostro 2520 (2^nd Gen PDC/2GB/320GB/Linux) (Grey) on 30^th August, 2013 vide Invoice (Annexure-I). The price of the laptop was Rs.22,690/- On receipt of the order, WS Retail Services Pvt. Ltd. send the laptop, which was received by the complainant on 02^nd September, 2013 (Annexure-II). The grievance of the complainant was that he placed the order of laptop of Dell Vostro 2520 (2^nd Gen PDC/2GB/320GB/Linux) (Grey) but received the laptop of Pentium 4. He approached the Flipkart Internet Private Limited and WS Retail Services Private Limited, but they refused to oblige him. He filed complaint before the District Forum against Flipkart Internet Private Limied, WS Retail Services and Dell India Pvt. Ltd.

3.      The District Forum vide impugned order dated 01^st April, 2016 accepted the complaint and issued directions to Flipkart Internet Private Limited and WS Retail Services Private Limited as detailed in opening paragraph of this order.

4.      Aggrieved of the order, Appeals No.627 and 628 of 2016 respectively have been filed.

5.      Today, WS Retail Services Private Limited has handed over a draft of Rs.28,190/- (Annexure-III), that is, Rs. 22,690/- price of the laptop and Rs.5,500/- compensation awarded by the District Forum to the complainant towards full and final settlement. After receipt of the payment, complainant has returned the laptop.

6.      In view of this, the appeal filed by Flipkart becomes infructuous and the appeal filed by M/s WS Retail Services Pvt. Ltd. is disposed of accordingly.

7.      The statutory amount of Rs.14,500/- each deposited at the time of filing the appeals be refunded to the respective appellants against proper receipt and identification in accordance with rules.

8.      Certified copy of this order be placed on the file of Appeal No.628 of 2016.

 

December 01st  2016

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

 

 D.R.