Ld Advocate for the complainant is present. Judgement is ready and pronounced in open Commission in 3 pages 5 separate sheets of paper.

BY -   SMT. KABITA  ACHERJEE (GOSWAMI), MEMBER

Brief facts of the Complaint case are that the Complainant is a consumer of the opposite party as per Consumer Protection Act. The complainant desiredto purchase a Camera for own work.The complainant ordered a camera on FLIPKARTon 06.01.2023, vide order No.- OD426988350200596100and Product is SONY Alpha ILCE7M4K and the price is Rs. 2,13,432/- which was paid by complainant through Amazon pay by Flipkart Internet Pvt. Ltd. Bangalore on 06.01.2023.An Email came to the complainant from O.P.(Flipkart) on 07.01.2023 and it is said that a scanned copy of PAN is required to furnish as one time activity for complainant Flipkart account in line with the mandate by Central Board of Direct Taxes(CBDT). The complainant uploaded the PAN Card on the link given in the Email sent to the complainant from Flipkart on 08.01.2023.The OP (Flipkart) informed the complainant through Email on 08.01.2023that the product would be delivered on 12.01.2023.The complainant ordered the SONY Alpha ILCE-7M4K on Flipcart on 06.01.2023 and received it through Courier service on 12.01.2023. After receiving the courier, the complainant wanted to open the box in front of the delivery boy, but the delivery boy excused his time and left. The complainant opened the box and recorded the VDO with another mobile from the beginning of the opening of the box to the end, and the footage of the entire VDO is with the complainant.The complainant after opening the box he got surprised and shocked to see that instead of the SONY Alpha ILCE-7MM4K camera, there is one damaged Nikon camera and one damaged camera lens in the box.Thecomplainant immediately informed O.P.through customer care no. that the wrong and damaged product was sent from his side and also requested through Flipkart apps. totake return the wrong damaged product and the request was accepted by Flipkart on 12.01.2023. O.P.(Flipkart) informed the complainant through Email on 12^th January, 2023 at 3.08 p.m. that the seller (Tech-Connect Retail Private Limited) will not be able to fulfill his return request for that above mentioned item.Then on 12^th January, 2023 at 3.49 p.m. Flipkart send another E-mailtothe complainant and said that problem would be resolved by the 15^th January, 2023. As the complainant’s problem was not resolved by 15^th January, 2023, then the complainant called over telephone and E-mailed to O.P (Flipkart) and theseller(Tech-Connect Retail Private Limited) many times, but in vain .As a result of this repeated request and inquiry by the complainant, an Email from O.P (Flipkart) on 26^th January, 2023 to the complainant and stating that “The courier service provider has confirmed during the internal investigation that the aforesaid order/shipment was delivered to him in the intact condition, we would like to file a Criminal Complaint about the missing product before the police and need his assistance in police investigation as and when required. Please reply to this email and send copy of the duly filled and signed from that is attached with 24 hours.” The complainant replied and senta attached copy on 27^th January, 2023 through E-mail to O.P (Flipkart) within 24 hours but after that no initiative has been seen till date to solve the problem from O.P.(Flipkart) or by seller(Tech-Connect Retail Private Limited). The complainant issued a demand notice dated 17^th March, 2023 and through his Ld. Advocate, under registered post with A/D to the Ops, demanding replace the product as per order or return the product money which has been paid by your complainant within 10(Ten) days from the date of receipt of the notice. It is revealed from the India Post track report that the said notice had been delivered to the opposite parties on 08.04.2023.In spite of the service of the above mentioned notice upon the op, it failed or neglected to comply the advocate notice.For that reason, the complainant is suffering huge financial loss and very trouble in this situation that the complainant can not work smoothly in his field.The cause of action of this case arose on and from08.04.2023. It appears that complainant files some documents with firisti as follows :

1. G mail – Order for Sony Alpha ILCE-7M4KF
2. G mail – Pan Card
3. G mail – Incident – IN2391962337283942860
4. Tax Invoice
5. Your Return request for Sony Alpha ILCE-7M4KF
6. Update for flipkart Customer Service.
7. G mail  - incident IN23012409081568838121
8. Consent by the customer.

It appears from the case record OP received the noticebut did not appear before this Commission. So the case has run exparte against the OP.

Points for determination are:

1. Is the case maintainable in its present form and in law?  
2. Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

1. Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.

2. We have carefully perused the Petition of the Complainant exparteevidence adduced along with  documents.

3. Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that Complainant is a consumer having grievances against the Ops, as such the case is maintainable in its present form and in law.

4. There is no dispute that the complainant paid Rs. 2,13,432/-which was paid by the complainant through Amazon pay by Flipkart Internet Pvt. Ltd., Bangalore on 06.01.2023.

5. From the evidence on record there is no doubt in it that complainant purchased  a camera on Flipkart on 06.01.2023 order No. OD4 26988350200596100 the product is Sony Alpha ILCE 7M4K and the price is Rs.  2,13,432/- which was paid by the complainant through Amazon pay by Flipkart Internet Pvt. Ltd., Bangalore on 06.01.2023 when the complainant received it through courier service on 12.01.2023.

6. It appears that when the complaint opened the box he got surprised and shocked to see that instead of the Sony Alpha ILCE – 7M4K camera therein one damaged Nikon camera and one damaged camera lens in the box.

7. It is admitted fact that the OP Flipkart received the Rs. 2,13,432/- for the order for Sony Alfa ILCE 7M4KF dt. 06.01.2023 time – 11.37 p.m. but did not provide the actual product. It is further seen from the case record that the OP intended to lodge a criminal complaint about the missing product before the police against the aforesaid order/shipment. The complainant replied and sent an attached copy on 27.01.2023 through E-mail to P.O. No. 2 Flipkart within 24 hours. Interestingly the ops did not take any step for criminal investigation about the alleged complaint for which the complainant was ready and took step by sending the attached copy. But till date OP No. 2 Flipkart and OP No. 1 seller did not resolve the problem. The evidence of the complainant has remained unchallenged. We find that the ops ,by the acts and omission on their part , set an instance of Unfair Trade Practice . As such we are of the view that the complainant is entitled to get back the said amount of Rs. 2,13,432/- alongwith the interest @5% per annum which shall be calculated from the date of filing of this case. on 12.09.2023 till the date of actual payment.

8. Both the points are decided accordingly.

1. Thus, the Complaint case succeeds.

Hence, it is

        O R D E R E D

that the CC- 64 of 2023 be and the same is allowed ex-parte against the OP.

        The OP is hereby directed to pay Rs. 2,13,432/- (Two lakh thirteen thousand four hundred &thirty two only) along with simple interest @ 5% per annum from the date of filing of this case i.e. 12.09.2023 till realization;  in addition to that OP  Flipkart is further directed to pay of Rs. 5,000/- as compensation  and Rs. 5000 /- as towards litigation cost.

        The OP will comply the above order within 45 days from the date of this order, in default, the complainant will be at liberty to put this order into execution.

Let a copy of this judgment be supplied  to the complainant and the OP free of cost.