Under such circumstances, the Complainant was compelled to file the instant case with the prayer for an order directing the OP to refund the amount of Rs.2,799/- of the unwanted tricycle along with a compensation of Rs. 10,000/- for mental harassment and for unblocking the flipkart account of the Complainant.
Ld. Adv. for the OP No. 1 submitted before this District Commission that the Complainants case is not maintainable. This OP merely acts as an intermediary through its web interface www.flipkart.com and provides a medium to various sellers all over India to offer for sale and sell their products to the users of the flipkart platform. This answering Op does not directly or indirectly sell any product on the flipkart platform. Rather, all the products on the flipkart platform are sold by third party sellers who avail of the online marketplace services provided by the OP upon terms decided by the respective sellers only. It is further submitted that, any kind of assurance, whether in terms of specifications, warranty on the products, delivery, price, discounts, promotional offers, after sale services, return and refund or otherwise, are offered and provided by the seller of the products sold on flipkart platform. The OP neither offers nor provides any assurance and/or offers pickup or refund facility to the end buyers of the product.
After hearing both sides we peruse materials on record. The relevant provisions of law is required to be quotedhere :
Rule 4(4) of the Consumer Protection E-commerce Rules, 2020: ‘’every e-commerce entity shall establish an adequate grievance redressal mechanism having regard to the number of grievances ordinarily received by such entity from India, and shall appoint a grievance officer for consumer grievance redressal, and shall display the name, contact details and designation of such officer on its platform.’’
Rule 4(5) of the Consumer Protection E-commerce Rules, 2020:‘’ every e-commerce entity shall ensure that the grievance officer referred to in sub-rule (4) acknowledges the receipt of any consumer complaint within forty-eight hours and redresses the complaint within one month from the date of receipt of the complaint.’’
Rule 5(2) of the Consumer Protection E-commerce Rules 2020: ‘’ every marketplace e-commerce entity shall require sellers through an undertaking to ensure that descriptions, images, and other content pertaining to goods or services on their platform is accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of such good or service.’’
Rule 6(4) of the Consumer Protection E-commerce Rules 2020: ‘’ any seller offering goods or services through a marketplace e-commerce entity shall:
- have a prior written contract with the respective e-commerce entity in order to undertake or solicit such sale or offer;
- appoint a grievance officer for consumer grievance redressal and ensure that the grievance officer acknowledges the receipt of any consumer complaint within forty-eight hours and redresses the complaint within one month from the date of receipt of the complaint;’’
In view of the above provisions of law, we find that there is tripartite contract between the seller, service provider (herein flipkart) and the consumer. The seller and service provider are jointly and severally liable for any defect, deficiency of service and unfair trade practice on the service provided or good/product sold by them.
In the instant case facts of the Complainant is not challenged by the OP No.2. The only defence of OP No.1 is that they are not liable for any deficiency of service as alleged. So, in the instant case we find that the facts of the Complainant is totally unchallenged. This Commission perused the relevant provisions of the Consumer Protection Act, 2019 and the relevant clause of Consumer Protection E-commerce Rules, 2020 and considered the facts and circumstances of the case. The facts stated by the Complainant clearly established that there was deficiency of service on the part of the OPs. Both the opposite parties are jointly and severally liable for the deficiency of service as alleged and established. Such being the position, we are of the view that the instant case succeeds.
Reasons for delay
The Case was filed on 03.11.21 and admitted on 22.11.21. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case is allowed.
Fees paid are correct. Hence, it is
Ordered
that the complaint case No. CC/88/2021 be and the same is allowed on contest against the OP No.1 and exparte against OP No.2 but under the circumstances without any order as to costs.
Both the OPs are jointly and severally liable to compensate the Complainant.
Both the OPs are directed to refund the amount of Rs. 2,799/- to the Complainant.
Both the OPs are also directed to pay Rs. 2,799/- to the Complainant as mental pain and agony and for blocking the flipkart account of the Complainant.
Both the OPs are also directed to unblock the flipkart account of the Complainant.
Both the OPs are directed to pay Rs. 5,598/- (Five thousand five hundred and ninety eight only) in total ( for tri cycle price and mental pain and agony respectively) to the Complainant within 60 days from the date of this order id the aforesaid amount of Rs. 5,598/- will carry interest @ 10% pa on and from 01.08.2023.
The Complainant is directed to refund the tri cycle within 7 days from the date of receiving the payment from the OPs, to the agent of the OPs who will receive the said product from the house of the Complainant after giving the receipt to that effect.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President
Member Member President.
