DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 5th day of June, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of filing: 17/02/2023
CC/49/2023
Sabna.A
W/o Dinesh, Sreechithra
Nedukanni, Alathur (P.O)
Palakkad – 678 541 - Complainant
(By Adv. Vinod.K.Kayanat)
V/s
The Manager
Flipkart India Pvt. Ltd.
Vaishnavi Summit, Ground Floor
7th Main, 80 Feet Road, 3rd Block
Koramandala Industrial Layout
Bangalore, Karnataka – 560 034 - Opposite party
(Ex-parte)
O R D E R
By Sri.Krishnankutty.N.K., Member
1. Pleadings of the complainant in brief.
The complainant purchased a Whirlpool Washing Machine and Thomson brand Android T.V through the online platform of the opposite party paying Rs. 8,991/- and Rs. 15,299/- respectively on 31/12/2022. The payment was made by way of Federal Bank Credit Card. Though the complainant cancelled the orders within 10 minutes of making the order, the opposite party did not refund the amounts as per their cancellation policy inspite of making repeated correspondence with them. Though the complainant approached the National Consumer helpdesk, the matter could not be resolved. Hence the complainant approached this Commission seeking refund of Rs. 24,290/- along with interest @ 12% per annum from 31/12/2022 and a compensation of Rs. 50,000/- for deficiency in service.
2. Notice was issued to the opposite party. The notice was returned with endorsement “Addressee left without forwarding address” and hence opposite party was set ex-parte.
3. The complainant filed proof affidavit and marked documents Ext. A1 to A4 as evidence. Ext. A1 and A2 are the cancellation confirmation from the opposite party, A3 is the proof of grievance registered with National Consumer helpline and A4 is the Federal Bank Credit Card statement showing the payment of Rs. 24,290/- made to the opposite party.
4. In the proof affidavit filed by the complainant, she has confirmed having received the refund of Rs. 24,290/- on 23/02/2023 and limited her prayer only to compensation for the delay.
5. From the evidence and the proof affidavit filed by the complainant it is clear that there was inordinate delay in making the refund by the opposite party which amount to deficiency in service and hence has to be adequately compensated.
6. In the result the complaint is allowed ordering the following
- The opposite party is directed to pay Rs. 25,000/- as compensation and
- Rs. 5,000/- as cost.
The opposite party shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 250/- per month or part thereof until the date of payment in full and final settlement of this order.
Pronounced in open court on this the 5th day of June, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Exhibits marked on the side of the complainant:
Ext. A1: Screenshot of cancellation confirmation from the opposite party dated
31/12/2022 of T.V.
Ext. A2: Screenshot of cancellation confirmation from the opposite party dated
31/12/2022 of Washing machine.
Ext. A3: Proof of grievance registered with National Consumer helpline.
Ext. A4: Federal Bank Credit Card statement showing the payment of
Rs.24,290/-
Exhibits marked on the side of the opposite party: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court Witness: Nil
Cost: Rs. 5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
