The brief facts of the complainant case, is that, the complainant is a serviceman and residing at Mangalbari Basti, Jaigaon, Alipurduar. The O.P Nos. 1 and 2  being registered company used to deal with online business and selling various types of goods including furnishing items like as blanket all over India and O.P No. 3 is the courier service having its office at Jaigaon, Alipurduar. The complainant with a view to distribute blankets amongst the poor people and old age people of the locality placed order for ten numbers of ‘Magical Plain’ double size blankets (quantity 2+4+4) through his flipkart ID No. 8017408120 through online shopping using https//website flipkart.com on 01/12/2018 at about 20:40 hours to 20:50 hours. Total three items. Accordingly flipkart.com has accepted the complaints order in cash on delivery option. The order ID generated by flipkart.com is appended below:- 1. ID OD114054018685354000 two blankets of Rs. 1,290/- 2. ID OD1140539558625260000 four blankets of Rs. 2,580/- 3. ID OD114054001152250000 four blankets of Rs. 2,580/-. After that on 11/12/2018 at night received different plastic packets as per different order IDs. Every plastic bags was intact and in a good condition, so any doubt arisen in the mind of Sri. Anil Pradhan who was received the items on behalf of the complainant from the delivery boy of E-kart logistic, Jaigaon and paid of Rs. 6,450/- in cash. After that when the complainant unwrapped it was found that the quantities of blankets were not matched as to invoice was generated.

            Total blankets were received by the complainant in the flowing manner with order IDs:-

            After that the complainant communicated to flipkart customer service bearing phone No. 18002089898 for those missing i.e. 2+2=4 numbers of blankets which was not received according to his orders IDs and O.P assumed that they will replace the missing items over telephone by E-kart logistic department on 19/12/2018. But O.P No. 3 willfully did not deliver any missing item. Finding no other alternative the complainant again called at flipkart customer care and come to know from the O.P No. 1 that the cunning O.P No. 3 informed them that the complainant denied accepting the replacement items through it was not a case of replacement merely it is a case of fulfill the missing items. Despite many calls and request the O.Ps did not turn up and resolve the matter with care. Hereafter the O.Ps informed the complainant by E-mail that “we would like to let you know that your request for a replacement / refund can not be fulfilled by the seller as the courier partner has confirmed delivery of the items to recipient of the order with the product being in fact.”

            After receiving the said mail, the complainant has again called them to verify the details and mailed them. The complainant also confirmed them that the packets were intact but the product were not matched with invoice of blankets and when it was opened there were only two blankets inside the each plastic packets instead of four numbers each. The complainant also talked with the supervisor of O.P No. 1 twice over phone but in vain. On 28/12/2018 at 02:45 P.M. an E-mail was received from the O.P No. 1 wherein O.P No. 1 took some time to solve the problem assuring the complainant to feed back by 29/12/2018 at 04:30 P.M.

            Thereafter when the complainant went to check the order status of the complainant’s flipkart ID could not be opened. The complainant has called the customer support to look into the matter on 03/01/2019. O.P received to the complaint by E-mail that “we would like to let you know that your recent order has been cancelled as our systems have detected an unusually high numbers of returns in your purchase history. This would also mean you will no longer be able to login to your flipkart account.” After that O.Ps have blocked flipkart account  of the complainant citing that reason that there have been many unusual returns of items. In that reasons the complaint had to financial loss and also suffering from mental agony and harassment. Ultimately the complainant has filed this case and praying for Rs. 2,580/- or to deliver the shortage blankets in four numbers and also claiming Rs. 70,000/- for his mental agony and harassment and also claim Rs. 20,000/- as litigation cost.

            The O.Ps have filed the written version, evidence-on-affidavit and also written argument. They have denied all the allegations made by the complainant. It is the case of the O.Ps that flipkart is the platform by which the seller used to sell their products to the customers and if any problem is created then seller will take initiative to take return of the same.

            O.P Nos. 1 and 2 respectively submits that the complainant does not fall under the category of consumer of the answering O.Ps under the provision of the C.P. Act as the O.PS are neither a trader nor a service provider and they does not exists any privities of contract between the complainant and the O.Ps. The product was purchased from the third party seller who has stoll the product to the complainant and supplied it to the complainant through third party logistic service provider. In that case the O.Ps are not responsible for delivery of the product since it never came into possession of the product any time during the entire transaction. The O.Ps are not responsible for return of the said product or return the amount. They have prayed for dismissal of this case. They have prayed for dismissal of the case.

            We have perused the materials on record meticulously. Considering the above pleadings the following issues are necessarily come up for the proper adjudication of the case.

                                         POINTS FOR CONSIDERATION

1. Is the complainant a consumer u/s. 2(7)(ii) of Consumer Protection Act, 2019 ?
2. Has this Commission jurisdiction to try the instant case?
3. Is there any deficiency in service on the part of the O.Ps?
4. Is the complainant entitled to get any relief/reliefs as prayed for?

     DECISION WITH REASONS

            Considering the nature and character of the case all these points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience. The case has been filed u/s. 35 of the Consumer Protection Act, 2019 by the complainant.

Point Nos. 1 & 2:- The complainant placed order for ten numbers of magical plain double size blankets (quantity 2+4+4) through his flipkart ID No. 8017408120 online shopping using https// website flipkart.com on 01/12/2018 at about 20:40 hours to 20:50 hours. Accordingly flipkart.com has accepted the complainants order in cash on delivery option. On 11/12/2018 at night on behalf of complainant one Anil Pradhan received different plastic packets as per different order IDs from the delivery boy of E-kart logistic and paid of Rs. 6,450/- in cash. After opening the packets it was found that the quantities of blankets were not matched as to invoice was generated. So, here the complainant is the consumer according to section 2(d) of C.P. Act and he has filed this case u/s. 12 of the C.P. Act which is well maintainable in law. The complainant resides within the jurisdiction of this Commission and all the transactions were made through online from his residence. So, this Commission has the jurisdiction to try this case.

Point Nos. 3 & 4:-  It is the case of the complainant that he has placed order to the flipkart for purchasing ten double size blankets with a view to distribute those blankets amongst the poor  and old age people of the locality. Flipkart.com has accepted the complainant order in cash on delivery option. O.P No. 2 has delivered the same. But after that on 11/12/2018 one Sri. Anil Pradhan on behalf of the complainant received different plastic packets as per different order IDs and every plastic bags were intact and in a good conditions, so no doubt arisen in the mind and paid of Rs. 6,450/- in cash to the delivery boy of E-kart logistic. It was thunder stock when the complainant opened the packets he found that the quantities of blankets were not matched as to invoice was generated. Then he informed the matter to the flipkart customer service bearing phone No. 18002089898 for those missing numbers of blankets i.e. 2+2=4 according to his order IDs and O.Ps assured that they will replace the missing items over telephone by E-kart logistic department on 19/12/2018. But O.P No. 3 willfully did not deliver any missing items. Several correspondences were made in between them but no fruitful result came out. Ultimately O.P No. 1 replied to the complainant by E-mail that “we would like to let you know that your recent order has been cancelled as our systems have detected an unusually high numbers of returns in your purchase history. This would also mean you will no longer be able to login to your flipkart account.” After that O.P No. 1 has closed the E-mail account of the complainant.

After careful scrutiny of the case record we find that the admitted position of the complainant is that he placed an order to the flipkart.

We are of the view that now a days online shopping is spreading everywhere because its time and money savings but the responsibilities of the companies can not be over after the sale of a product as it is the duty bound of the companies to satisfy their customers. It does not give any liberty to usurp the money of the consumers by sending wrong or defective items. From the case record we find that the complainant place the order to the flipkart for supply of ten blankets in three separate orders. But it appears the said order was delivered to the complainant with proper packets by O.P No. 3 and the amount of Rs. 6,450/- was handed over to the delivery boy in cash as the cost of the said blankets. It also appears that the complaint after opening the three packets found that four blankets are not supplied to him inspite of taking the cost of that four items of blankets. Thereafter the complainant on several correspondences with the flipkart raised his grievances and informed them to short supply of the blankets. But ultimately flipkart informed the complainant by email that the order was cancelled and the account of the complainant with flipkart is closed. But the flipkart did not refund cost of the four blankets to the complainant. We find that flipkart can not bypass his responsibility regarding short supply of the products. Complainant place the order to the flipkart not the company who sell the same flipkart received the money and it is the duty of the flipkart to look into the matter whether the customer receive the quantity of product which he ordered for supply. The complainant has not liability to contact with the seller as there was no direct connection with seller and the complainant. So there is deficiency in service from the side of O.P No. 1 i.e. flipkart and due to that reason the complainant suffers monitory loss, mental agony and harassment. The O.P No. 1 i.e. the flipkart is liable to refund the amount of four blankets i.e. amounting to Rs. 2,580/- along with compensation for harassment and mental agony with litigation cost.

            Thus all the points are disposed of accordingly.

            Hence, for ends of justice; it is;-

                                                                    ORDERED

            that the instant case be and same is allowed on contest against the O.P No. 1 and dismissed against O.P Nos. 2 and 3. The complainant do get the award of Rs. 2,580/- for the cost of non-supply of four blankets along with interest @ 6% per annum till the realization of this amount. The complainant is also do get an award amounting to Rs. 30,000/- as compensation for his mental agony and sufferings and also Rs. 5,000/- as his litigation costs; total award amount of Rs. 37,580/- (Thirty Seven Thousands Five Hundred Eighty Only) excluding interest. The O.P No. 1 is hereby directed to pay the award amount along with the interest upon the return amount of Rs. 2,580/- as stated above till the payment is made to the complainant. The O.P No. 1 is directed to pay the said award to the complainant within 30 days from this day, failing which legal action will be taken against him.

           Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.

Dictated & Corrected by me