IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 4th day of January, 2024
Present: Sri. Manulal V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No.344/2023 (Filed on 12/10/2023)
Complainant : Gigi Joseph,
Pattathil House,
Madappally P.O,
Thengana, Changanacherry,
Kottayam – 686 546.
Vs.
Opposite party : The Manager,
Flipkart International Pvt. Limited,
37/2, 6th Main Road,
AECS Layout, A Block,
Yellora Layout,
Singasandra,
Bangalore,
Karnataka – 560 068.
O R D E R
Smt.Bindhu.R, Member
This complaint is filed under Section 35 of the Consumer Protection Act, 2019.
The complainant’s case is that he had ordered one Godrej Stainless Steel Glozzysolt on 28th March 2023 from the Flipkart App for Rs.4,368/-. The payment was done through net banking. But even after the payment, the order was not created due to technical error. But money was not refunded to the complainant. This is a negligence on the part of the opposite party and hence this complaint is filed for obtaining an order directing the opposite party to refund Rs.4,368/- along with compensation of Rs. 2,000/- and litigation cost Rs.2500/-.
Notice was sent to the opposite party from this Commission but the same was returned as addressee left without instruction which is a deemed service and the opposite party was set ex-parte for non-appearance.
The complainant adduced evidence through proof affidavit along with 4 documents which were marked as Exhibits A1 to A4.
On the basis of the complaint and evidence on record, we frame the following points for consideration:
(1) Whether there is any negligence on the part of the opposite party ?
(2) If so what are the reliefs?
POINTS :-
Exhibits A1 and A2 are the transaction details obtained from the complainant’s bank which shows that the amount was transferred to PayU ID of the opposite party on 28-03-2023. Exhibit A3 which is the order details of Godrej Stainless Steel Glossy Soltbolts dated March 28 in which it is shown as order not placed. From the evidence on record we understand that the payment made by the complainant was successful and there is no steps seen taken by the opposite party to confirm the non-credit of the payment to their account with the confirmation mail to the bank of the complainant. Moreover, the opposite party has not cared to appear before this Commission and or to file version. Hence in the absence of contrary evidence, we are of the view that the points are to be answered in favour of the complainant and hence we allow the complaint.
O R D E R
(1) The opposite party is directed to refund Rs.4,368/- (Rupees Four Thousand Three Hundred and Sixty Eight only) to the complainant.
(2) The opposite party is further directed to pay Rs.2,000/- (Rupees Two Thousand only) towards compensation and Rs.2,500/- (Rupees Two Thousand and Five Hundred only) towards litigation cost.
The order shall be complied within 30 days of receipt of copy of this order failing which the award amount shall carry an interest @9% p.a. from the date of filing of this complaint till realisation.
Pronounced in the Open Commission on this the 4th day of January, 2024
Smt.Bindhu.R, Member Sd/-
Sri. Manulal V.S, President Sd/-
Sri.K.M.Anto, Member Sd/-
APPENDIX :
Exhibits from the side of the Complainant :
A1 - Copy of Transaction Details dated 28/03/2023
at 01:09 P.M through Federal Bank
A2 - Copy of reply from bank about the money payment
to Flipkart
A3 - Copy of order details of Godrej Stainless Steel
Glossy Soltbolts dated March 28
A4 - Copy of message in Flipkart App showing the
order not placed
Exhibits from the side of Opposite party :
Nil.
By Order,
Sd/-
Assistant Registrar
