D.O.F:23/05/2023
D.O.O:20/11/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.148/2023
Dated this, the 20th day of November 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Harshashekharan K.
D/o K. Shekharan,
Kannankai (H)
Cheruvathur P O
Kasaragod – 671313.
: Complainant
And
The Authorised officer, Flipkart
Devarabeesanahalli,
Bellandur, Buildings Alyssa
Begonia & Clove Embassy Tech Village,
Outer Ring Road, Bengaluru
Karnataka – 560103. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The complainant is alleging deficiency in service on the part of opposite party flipkart in connection with the purchase of hair oil Mahabhringraj through the shopping app, but the product was duplicate. The brief case of the complainant is that she was using Mahabhringraj hair oil of On & On Elements product for the last 4 years. On 10/05/2023, she purchased the aforesaid product through flipkart and while using it, she was convinced that the product was of low quality. By supplying such a duplicate product, the opposite party adopted defective practices. The complainant has no opportunity to return the product and get reimbursement of its price. Due to the deficiency in service and unfair trade practice on the part of opposite party, the complainant had undergone financial loss and mental agony. The complainant is claiming a compensation of Rs.30,000/- from opposite party for the loss and mental agony occurred due to the unfair trade practice of opposite party.
Notice of opposite party served, but he remained absent. Name of opposite party called absent set exparte.
The complainant filed proof affidavit in lieu of chief examination and the documents and MOs produced are marked as Ext.A1 and MO 1&2.
The issues raised for consideration are;
- Whether there is deficiency in service and unfair trade practice on the part of opposite party in selling Mahabhringraj hair oil?
- Whether the complaint entitled for relief?
- If so, what is the relief?
The complainant was in the habit of using Mahabhringraj hair oil of On & On Elements Company for the last more than 4 years and on 10/05/2023 also she purchased the aforesaid product through flipkart. Her grievance is that, the product delivered to her was duplicate and low quality. By smelling the product, the complainant convinced that the hair oil purchased through flipkart was duplicate. The original hair oil had a very good smell, the newly purchased oil had a very bad smell. In the absence of rebuttal evidence, there is deficiency in service and unfair trade practice on the part of opposite party. The opposite party is bound to ensure the quality of the product before sale. The complainant is entitled for relief. Due to the deficiency of service on the part of opposite party, the complainant suffered financial loss and mental strain. The complainant is seeking a compensation of Rs.30,000/- which is excessive and without any basis. This Commission is of the view that an amount of Rs.5,000/- is a reasonable compensation in this case.
Therefore, the complaint is partly allowed directing opposite party to pay an amount of Rs.5,000/- (Rupees Five thousand only) as compensation to the complainant along with a cost of Rs.3,000/- (Rupees Three thousand only) within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Tax invoice
MO1 – Mahabhringraj hair oil (original)
MO2 – Mahabhringraj hair oil (duplicate from flipkart)
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
