IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                     CASE No.  CC/170/2019

 Date of Filing:                                    Date of Admission:                   Date of Disposal:

   22.11.2019                                            02.12.2019                                      10.08.2023

Complainant:   Washim Rakha

                                S/o-  Misbaul Islam,

                                Vill- Chhatai & P.O.-Chhatai,

                                P.S.-Ranitala

                                Dist-Murshidabad.

                                PIN-742302

                                                                -Vs-

Opposite Party: The Manager/Proprietor,

                            The Flipkart Internet Private Limited,

                            Vaishnavi Summit, Ground Floor,

                            7^th Main 80 Feet Road, 3^rd Block, P.O.- Koramangala,

                            P.S.- Koramangala, City-Bangaluru

                            State-Karnataka, Pin-560034

Agent/Advocate for the Complainant             :           Srabani Das

Agent/Advocate for the O.P.                                       :            None

           Present:   Sri Ajay Kumar Das…………………………..........President.     

                             Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

   SMT. ALOKA BANDYOPADHYAY,  MEMBER

   This is a complaint under section 12 of the CP Act, 1986.

One Washim Rakha (here in after referred to as the Complainant) filed the case against The Manager/ Proprietor, The Flipkart Internet Private Limited (here in after referred to as the O.P.) praying for compensation alleging deficiency in service.

 The sum and substance of the complaint case is as follows:-

The Complainant had ordered one Realme 2 pro (Black Sea, 64 GB) mobile phone amounting Rs. 8999/- on 12.09.2019 vide Order No. OD116516515973785000 and the order was cancelled on 13.09.2019 and  his Flipkart Account was blocked. There was also an amount of Rs. 5873/- along with redeem points total value is approximately Rs. 8000/- in the Wallet No. 8972049047.

After that the Complainant informed the problem to the Customer Care (mailed from his e-mail ID

Defence Case

After due service of the notice the O.P. did not appear. So, the case proceeded ex-parte against the O.P.

Points for decision

1. Is the Complainant a consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

Point no.1, 2 & 3

 All the points are taken up together for the sake of convenience and brevity of discussion.

Undoubtedly, the Complainant ordered one Realme 2 pro (Black Sea, 64 GB) mobile phone amounting Rs. 8999/- on 12.09.2019 vide Order No. OD116516515973785000 and the order was cancelled on 13.09.2019 and his Flipkart Wallet being No. 8972049047 was blocked.

On making complaint the O.P. replied on 25.09.2019 through mail stating that “ We’d like to let you know as our systems have observed a trend in you purchase history that suggests that the items you’ve purchased are usually not intended for personal use. This would also mean that you will no longer be able to login to your Flipkart account and for the wallet amount kindly contact the original buyer.”

After due service of the notice the O.P. neither appeared nor filed W/V. So, the case proceeded ex-parte against the O.P. vide Order No. 14 dated 28.04.2023.

As per the documents filed by the Complainant we find that the O.P. presumes that the Complainant’s purchase history is abnormal and it may not be for personal use and observed that there is a chance of resell of the purchase product.

Considering the facts and circumstances of the case and documents filed before us we are of the view that the Complainant has not adduced any evidence to show that he has purchased the products not for resell but for personal use. Though, the Complainant has failed to produce any documents regarding his Flipkart wallet balance but there may be a chance of wallet balance. So, in our considered view if there is any wallet balance, the O.P. should return the same to the Complainant.

Reasons for delay

The Case was filed on 22.11.2019 and admitted on 02.12.2019. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case is allowed.        

 Fees paid are correct. Hence, it is                                                            

Ordered

that the complaint Case No. CC/170/2019 be and the same is allowed ex-parte against the O.P. but under the circumstances without any order as to costs.

O.P. is directed to return the wallet balance ( if any) found in the Wallet No. 8972049047 of the Complainant to the Complainant within 45 days of passing of this order.

Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

            Member

               Member                                                                                                      President.