Subject of the complaint which compelled the complainant to hook this commission is that the complainant purchased a Thompson 32’’ Television being Model No XB18574, HSN 85287215, TH32TM 32901911032317 on 22.12.2019 after being payment by cash on delivery and Flipkart internet Pvt. Ltd. (OP1) delivered the said Television on 28.12.2019, thereafter the service agent installed the said Television. But after few months of installation of the TV, it was not functioning properly. Complainant informed the OP but no result has been done in spite of repeated request through mail, phone as well as chat. Neither OP1 nor OP2 gave any reply to complainant. After that finding no other alternative Complainant sent legal notice to OPs on 04.01.2021but in vain. Hence the complainant approached before this commission to seek relief as return of purchased price with interest and compensation of Rs. 10,000/- for harassment and mental agony and Rs. 5,000/- for litigation cost and any further order may deem fit and proper.

In order to substantiate the complainant filed documents like purchase bill, legal notice, message chat and original warranty card and examined himself in writing with affidavit. OPs Company received the summons but OP2 Thompson Company did not pay any heed to it. On the other hand OP 1 Flipkart appeared and contested the case. OP1 filed WV where he stated that he is a third party logistic service provider not a seller.

Decision with Reason

This commission carefully perused the complaint and evidence in writing by the complainant and also perused the purchase-receipt of television and the warranty card.

Now admitted portion through having properly summoned one of the OPs dare not appear before this commission to establish their fairness in service or to show that no fault on their part or television was not under warranty when become disorder in operation.

Consequently on perusal of documents such as the purchase-receipt of television and the warranty card and relying on unchallenged evidence or testimony of complainant and submitted documents this commission has no alternative but to hold that there is deficiency in service on the part of OP2 in selling the television to the complainant and complainant thereby is entitled to get relief as asked for in moderate manner.

Hence Order

OP-2, Thompson Company is directed to repair the said disputed television within 45days from this date of order if failed OP-2 is liable to pay 6999/- (purchase amount) to the complainant. In addition to complainant is entitled to get 5000/- as harassment and mental agony and 2000/- as litigation cost. OP-1, Flipkart Internet Pvt. Ltd. is directed to take initiative to accomplish the order of this Commission if failed the harassment and litigation cost will have to pay jointly to the complainant.

If none of the relief as given to the complainant is opted by the Ops, complainant is at liberty to put in execution of the final order of this commission as per provision of Consumer Protect Act 2019.

Let a copy of order be supplied to the parties free of cost.