West Bengal

Bankura

CC/3/2024

Sri Uday Acharya - Complainant(s)

Versus

The Competent Authority, FLIPKART INDIA PRIVATE LIMITED - Opp.Party(s)

Sandip Chakraborty

23 Jul 2024

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.03/2024

       Date of Filing:  02/01/2024

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                    Ld. Member

3. Smt. Kabita Acharjee Goswai           Ld. Member

For the Complainant:Ld. Advocate Sandip Chakraborty

For the O.P.1: Ld. Advocate Sayanton Chowdhury

For the O.P.2:None

For the O.P.3: Represented by authorized Representative Mr. Nawaz Sharif Khan

Complainant:

Sri Uday Acharya,S/O-Ashoke Acharya,R/O-Near MansaMandir,Lalbazar Palit Bagan,P.O&P.S&Dist-Bankura,Pin-722101,Present R/O-Nijashree Housing Complex,Flat NoA-10,Ailakandi Kenduadihi,Bankura,P.O-Kenduadihi,P.S & Dist-Bankura,Pin-722102,Mob-7908499375

Opposite Party:

1.The Competent Authority, FLIPKART INDIA PRIVATE LIMITED, Vaishnavi Summit,Ground Floor,7^th Main,80 Feet Road,3^rd Block,Koramangala Industrial Layout,Bangalore,Karnataka-560034,India

2.The Competent Authority , Consulting Rooms Private Limited,Office No -1106-1107,11^th Floor,Kailash Building,26 Kasturba Gandhi Marg,Connaught Place,New Delhi Central Delhi,Delhi-110001

3.The Competent Authority, Elica PB Whirlpool Kitchen Appliances Private Ltd,(Formerly Known as- Elica PB India Private Ltd.)37/1/1 Kondhwa Pisoli Road,Pisoli-Pune -411060,Maharashtra,India

 

FINAL ORDER/JUDGEMENT

Order No.09

Dated: 23/07/2024

The Complainant files hazira through advocate.

O.P. No.3 is present represented by authorized signatory Mr. Nawaz Sharif Khan who has filed W.V. to contest the case.

O.P. No.1 also filed W.V.

No W.V. is filed by O.P. No.2

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he purchased one Auto Clean Wall Mounted Chimney of Model Name- Elica WD TFL HAC 90 MS NERO with Kit for Rs.16,499/- on online platform through O.P. No.1 and got it delivered on 16/12/2023. But after installation of the chimney by the authorized technician the Complainant noticed air leakage from the duct pipe of the chimney and without wasting time sent a complaint to O.P. No.1 to resolve the problem but instead of taking the matter seriously the O.P. No.1 advised the Complainant to contact with O.P. No.3. Accordingly the Complainant registered his grievance on 19/12/2023 within Warranty period with O.P. No.3 who sent a technician to resolve the leakage problem of the

                                                                                                                                                                                     Contd…….p/2

Page: 2

chimney but was not successful. There was exchange of correspondences between the Complainant and O.P. No.3 for replacement of the defective chimney and/or return of the price value but the O.P. No.3 having failed to do so the Complainant has approached this Commission for appropriate relief.

O.P. No.1 contested the case by filing a written version stating inter alia that they being the intermediary have no product liability in this case.

However, O.P. No.3 has come forward with a good gesture to address and redress the grievances of the Complainant apart from the submissions made in the written version.

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission and documents on both sides  the Commission finds that  immediately after installation of the Auto Clean Chimney it was found defective and all concerned stakeholders were apprised of the  technical defect of the product. Though the O.P. No.1 could not resolve the issue but O.P No.3 being the Manufacturer of the product represented by Mr. Nawaz Sharif Khan has in his usual fairness submitted before the Commission that they are ready and willing to replace the defective product and also offer the price value thereof if replacement request is not accepted. At the time of hearing the Complainant was personally present represented by his advocate who has accepted the replacement request of O.P. No.3. The Complainant has however prayed for adequate compensation for sale and delivery of such a defective Chimney.

Under E-commerce Rules, 2020 O.P. No.1 being the vital stakeholder of such online transaction has a bounden duty to resolve the issue of defective product but having failed to do so they have to bear Litigation cost of Rs.2,000/-

Considering the facts and circumstances and the offer of candid proposal of O.P. No.3 and its acceptance by the Complainant the Commission hereby disposes of the instant case by directing O.P. No.3 to deliver a new product of Auto Clean Chimney of the same Model with kit to the Complainant within a month from this date and install the same subject to the satisfaction of the Complainant after removing the defective Auto Chimney at their own cost and expenses with further direction upon O.P. No.1 to pay a Litigation cost of Rs.2,000/- to the Complainant.

Both parties be supplied copy of this Order free of cost.

 

   __________________                             ________________                    ________________   

 HON’BLE   PRESIDENT                 HON’BLE    MEMBER              HON’BLE    MEMBER