Jharkhand

Bokaro

CC/17/130

Ranjeet Kumar - Complainant(s)

Versus

The Manager, Flipkart Internet PVT. Ltd. - Opp.Party(s)

Mahesh Choudhry

20 Mar 2023

ORDER

          District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-01-09-2017

Date of final hearing-20-03-2023

 Date of Order-20-03-2023

Case No. 130/2017

     Ranjeet Kumar S/o- Sri Vishnu Bind

     R/o- Plot No.-331, Sneh Sadan, Bari Co-Operative Coloney

    Near Bank of India, P.S.- Sector-12, Bokaro Steel City

     District- Bokaro, Jharkhand

Vs.

1. The Manager, Flipkart Internet Pvt. Ltd.

Vaishanvi Summit, No.-6/3, 7^th Main 80 Feet Raod, 3^rd Block, koramangala, Banglore Karnataka

2. Registered Office- Consulting Rooms Pvt. Ltd.,

House No.-37/3, Old Rajendra Nagar,

Near Water Tank, Central Delhi, New Delhi, Delhi,110060, India

 Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-Order-

1. Complainant’s case in brief is that he purchased Le ECO 55” 4K Ulra T.V. on 01.03.2017 by making payment of Rs. 57,799/- to the Flip cart and said T.V. was delivered at the residence of the complainant on 09.03.2017 but inspite of repeated requests for demo and installation no action was taken for 30 days, then complainant requested for return of the item which was refused on the ground related to expiry of return period. Further case is that under compelling circumstance complainant himself installed the T.V. on 17.04.2017 which was functional only for seven days later on it became defunct, thereafter, he made complaint to Flip cart on 29.04.2017 then Toll free number 1800-3010-1838 and E-mail ID
2. O.P. No.1 has filed W.S. mentioning therein that he is simply provider of platform/technology to the manufacturer and sellers for sell of their products but for the fault in the product he is not liable. It has also been replied that all the complaint has been made between the complainant and manufacturer and there is no correspondence between this O.P. and complainant. Hence it is prayed to dismiss this case in which complainant has not impleaded the manufacturer as party.
3. O.P. No.2 has also replied that he is seller and not the manufacturer of the T.V. concerned. Further reply is that warranty is being given by the manufacturer but he has not been made party in this case.
4. Now point for consideration is whether complainant is entitled to get any relief as claimed ?
5. It is admitted fact that manufacturer of  the T.V. set is not the party in this case. On perusal of annexure-7,8 and 9 of the complaint petition it appears that all the complaint has been made by the complainant with the manufacturer on his toll free number or e-mail ID but he has not impleaded the manufacturer as party in this case. During cross-examination at para  19 complainant has replied all the questions negatively in respect to manufacturer of the T.V. At para 20 he states that earlier he approached Flip Cart later on Toll Free Number and E-mail ID of Le ECO company was provided then he approached the manufacturer.  Tax invoice of the purchase was shown to the complainant who replied negatively at para 22 of his cross-examination in respect to preservation of  the invoice and manufacturer box for warranty purpose.
6. It is very much clear from the record that the product purchased was manufactured by Le ECO and its manufacturer has not been made party to this case which was necessary party and was liable for warranty of the product. In this way for want of necessary party this case will fail. Therefore, we are of the opinion that this case is liable to be dismissed for want of non joinder of necessary party and complainant is not entitled to get any relief as claimed. Accordingly this case is dismissed and parties shall bear their own costs.

   (J.P.N. Pandey)

                                                                                      President

                                                                               (Baby Kumari)

                                                                                                Member