DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.287/22
Prashant Jain
S/o Mr. Sanjiv Jain
R/o 22/7, Green Park Extn.
Yusuf Sarai Metro Station Gate No.4
New Delhi-110016. .…Complainant
VERSUS
The Flipkart
R/o Flipkart Intert Pvt. Ltd.
Ozon Manay Tech Park
56/18 & 55/09, 7th Floor, Garvebha Vipalya
Hosur Road, Bengalore, Karnataka-560068.
MPS Telecome Retial Pvt. Ltd.
R/o 112-113, Sudarshan Cinema Road
Gautam Nagar, Delhi-110049. ….Opposite Parties
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Present: Adv. Nitesh Bhardwaj along with Adv. Ashutosh Bhardwaj and complainant in person.
Present: OP-1 & OP-2 are exparte.
ORDER
Date of Institution:01.10.2022
Date of Order :24.06.2024
President: Ms. Monika A Srivastava
Complainant has filed the present complaint seeking reimbursement of Rs.1,999/-, compensation of Rs.1,50,000/- and cost of proceedings. OP-1 is Flipkart and OP-2 is MPS Telecome Retail Pvt. Ltd.
- It is stated that complainant ordered a One Plus Bullets Wireless Z2 with Fast Charging for 30 hours battery (Black Colour) from online platform of OP vide invoice dated 22.08.2022 bearing No. FAJOH 52300000364 copy of the said invoice is annexed as Annexure-A. It is stated that on 22.08.2022 complainant received the product and felt the wait to be very light so he started recording the unboxing of the product and found that it was empty. Video is annexed as Annexure-B.
- It is stated that the complainant tried to contact OP and it was told to him that the product would be exchanged within 24 hours. After waiting for 24 hours complainant again called the OP Customer Care this time they refund the product before 27.08.2022. Copy of the call recording is annexed as annexure-C.
- On 27.08.2022 complainant again called the OP Customer Care and it was told him that his request for return is rejected. Complainant then sent a legal notice dated 06.09.2022 on the official email ID of OP. Complainant received reply of the legal notice on 06.09.2022 which is annexed as Annexure-G.
- It is stated that OP has cheated the complainant and have failed to resolve the issue of the complainant due to which complainant has suffered great mental tension and agony. Complainant has relied on the judgment passed by the Hon’ble NCDRC in Rediff.com Vs. Urmil Munjal RP No.4646/2012. Complainant has further relied on other judgments of the Hon’ble SCDRC Telengana and DCDRC Pune.
- Though OP-1 and 2 served however none appeared and they were proceeded exparte. This Commission has gone through the entire material on record i.e. complainant’s written arguments, evidence affidavit. Complainant has placed on record a pen drive along with a certificate under section 65B of the Evidence Act. This Commission has gone through the contents of the pen drive wherein it is seen that the complainant is opening the product but has found the box to be empty. Complainant has also placed on record transcript of the audio recording between him and the representative of the OP which evidences that despite requests complainant was not provided any resolution to his problem.
Therefore, this Commission directs OP-1 to refund a sum of Rs.1,999/- to the complainant with interest @6% per annum from 22.08.2022 till realisation. OP-1 is also directed to pay a compensation of Rs.2,000/- to the complainant. OP-1 is directed to comply with the above said directions within three months from the date of pronouncement of the order failing which the interest payable on Rs.1,999/- will be 8% per annum.
Copy of the order be provided to the parties as per rules. File be consigned to record room. Order be uploaded on the website.
