This is a case under Section 35 of the Consumer Protection Act, 2019. 

     Brief facts of the complainant’s case described by the complainant are as under. The complainant also files her complaint case with making the following affidavit.

“ I, Satarupa Dey Sarkar, W/O, Tanumay Khaskel, D/O, Abhijit Dey Sarkar, R/O, Mohantapara, PS- Kotwali, Jalpaiguri, PO & District- Jalpaiguri- 735101, aged about 31 years, by faith Hindu, do here by solemnly declare as follows:

1. I say and affirm that I am the sole complainant of this complaint and fully aware with the facts and circumstances of this case. I am fit person to adduce evidence by swearing this affidavit.
2. say and affirm that I am an account holder, vide account log in mobile number- 6297830740 with the official website of OP No. 1, Rate https://www.flipkart.com, and hereby I am a consumer of OP
3. I say and affirm that on 16.04.2023 at about 09:08 PM I placed one order to purchase one "Haier 1.5 Ton 3 Star Split Air Conditioner – White HS18TNMW3B/NCS3B/HU18-3B /HAIERHSU18TNCW3BAC", vide IMEI/Sr. No.- HAIER SAC HS18T- NCW3B/HU18-3B, before the official application/website of the OP No. 1, vide Order ID: OD327851480212252100.
4.  I say and affirm that on 24.04.2023 I received the ordered goods from the end of OP No. 1, delivered by OP No. 3, and I made the whole payment of Rs. 36,800/- (Rupees Thirty-Six Thousand and Eight Hundred Only) to the agent/staff of opposite parties at the time of delivery.
5. I say and affirm that the computer-generated printed Tax Invoice (vide Invoice No. FAK38E2400000470, Invoice Date- 16.04.2023 at 11:32 PM) was handed over to me at the time of delivery and from such Tax Invoice I came to know that the "Haier 1.5 Ton 3 Star Split Air Conditioner -White HS18TNMW3B/NCS3B/HU18-3B /HAIERHSU18TNCW3BAC", vide IMEI/Sr. No.- HAIER SAC HS18T- NCW3B/HU18-3B, was sold to me by the OP No. 2 through the website/application of OP No. 1.
6. I say and affirm that I was not well acquainted about the use and technicalities of Air Conditioner. Therefore, I made contact with one electrician for fitting of such Air Conditioner and to understand its using procedure.
7. I say and affirm that as I was not so well acquainted about the use and technicalities of Air Conditioner, hence I could not understand the fact that at the time of delivery the out-door unit of the Air Conditioner was not delivered to me by the opposite parties, though I paid the full price of the Air Conditioner.
8. I say and affirm that on 30.04.2023 when the electrician came to my house to fit the Air Conditioner, then I came to know that only the indoor unit of the A.C. was delivered to me but the outdoor unit of the Air Conditioner was not delivered to me by the opposite parties.
9.    I say and affirm that on 30.04.2023 I made telephonic conversation with the representatives of OP No. 1. The representatives of the OP No. 1 promised and assured me that they will resolve the problem as soon as possible.
10.  I say and affirm that as there was no fruitful action, so on 08.05.2023 I made another telephonic conversation with the customer support of OP No. 1, and it was assured from the side of OP No. 1 that they will solve the issue as soon as possible. But in reality, there was no action.
11.  I say and affirm that seeing no progress again on 09.05.2023 I again made telephonic conversation with the representatives of OP No. 1 and raised my complaint again. In this time I requested to return this incomplete product and asked the OP No. 1 for refund of money. This conversation was registered by the OP No. 1 as "Incident: IN23043011204506529391."
12. I say and affirm that in reply the customer support of OP No. 1 from their email ID- cs@filpkart.com, confirmed the said telephonic conversation and asked me about my bank details to refund the money and to execute the return process.
13.  I say and affirm that on 11.05.2023 I replied the OP No. 1 through Margumy registered email ID, i.e., satarupa.87597@gmail.com, and sent Rego2007my bank details, so that the return and refund process can be completed.
14.  I say and affirm that on 12.05.2023 the OP No. 1 through an email confirmed the above-noted conversation and through another email also assured me that the matter will be solved by 9 PM of 15.05.2023.
15.  I say and affirm that on 13.05.2023 through an OTP confirmation, the OP No. 1 confirmed my bank account details. It was further confirmed that my return request has been received and the seller was reviewing the return request.
16.  I say and affirm that on 14.05.2023 the OP No. 1 through an email stated me that the return request has been denied by them and has been closed by the opposite parties. .
17.  I say and affirm that being astonished and tensed on 14.05.2023, I again raised my issue with the OP No. 1 and the representatives of OP No. 1 assured to resolve the issue by 11:22 AM or 5:00 PM of 17.05.2023, but seeing no progress on 16.05.2023, I again raised my issue with the OP No. 1 and again this time the representatives of OP No. 1 assured to resolve the issue by 8:21 PM of 19.05.2023.
18.  I say and affirm that on 19.05.2023 a phone call was made from the end of OP No. 1, but unfortunately due to some personal reason at that time I could not attend the phone call. Subsequently on that day I wrote the matter to the customer support of OP No. 1 and also wrote my grievance to the OP No. 1 through email.
19.  I say and affirm that seeing no progress, on a subsequent date I tried to raise my issue again with the OP No. 1, but this time suddenly through an email the OP No. 1 stated that the email ID, i.e., cs@flipkart.com, which was being used by the OP No. 1 and me in OLARFARI CU the previous conversations is 'no longer in use.' No other alternative email ID was prescribed by the OP No. 1 to me for further conversations.
20.  I say and affirm that seeing no other option again on 26.05.2023, I made conversation with the representative of OP No. 1 and on 04.06.2023, I again wrote an email to the customer support of OP No. 1 and sent it to such old email ID, i.e., cs@flipkart.com and raised my grievance about the non-delivery of A.C. outdoor unit, in spite of full payment of price. But there was no fruitful reply from the side of OP No. 1.
21.  I say and affirm that in a previous email conversation of 13.05.2023, the OP No. 1 assured me to solve the problem by 9:32 AM of 25.05.2023, but it was also avoided/ignored by the OP No. 1.
22.  I say and affirm that on 06.06.2023, I through my Learned Advocate sent one legal notice to the OP No. 2 and the same was delivered to the OP No. 2 on 13.06.2023, but no reply was sent by the OP No. 2.
23. I say and affirm that on 12.08.2023, I lodged a written complaint about this whole incident before the Inspector in Charge of Cyber Crime Police Station, Jalpaiguri and it was recorded through GDE No. 101, dated 12.08.2023.
24. I say and affirm that I have been harassed by the opposite parties in every event. There was no due cooperation from the side of opposite parties. I further state that due to these type negligent and malicious acts of the opposite parties and my family has suffered a lot.
25. I say and affirm that the outdoor unit of the said Air Conditioner was never delivered by the opposite parties to me. However, the price of it has been already taken by the opposite parties from me at the time of delivery.
26.  I say and affirm that I am a consumer of opposite parties, but I have been cheated and deprived by the opposite parties. Till today I have not received the proper goods, however I made the full payment of price.
27. I say and affirm that my elderly parents, for whom I purchased the Air Conditioner, have suffered a lot in summer. There is huge deficiency in service of the opposite parties.

28. I say and affirm that the opposite parties have acted with wrongful intention and motive to cheat me, by selling such incomplete and inappropriate goods at an extremely high price.
29.  I say and affirm that I am lady and house wife, hence due to the illegal acts of opposite parties, I have suffered huge pecuniary, as well as mental damage.
30.  I say and affirm that from very beginning the opposite parties with wrongful intention have conjointly committed fraud with me, by obtaining huge price against incomplete and inappropriate goods.
31.  I say and affirm that in the circumstances finding no other alternative I had obliged to file this present complaint before this Learned Commission.

Complainant annexed several documents in support.”

PRAYER OF THE COMPLAINANT

The complainant therefore humbly prays as follows:

1. Direction to the Opposite Parties to immediately refund the whole price of the said Air Conditioner, i.e., Rs. 36,800/- (Rupees Thirty-Six Thousand and Eight Hundred Only).

II. Direction to the Opposite Parties to pay compensation of Rs. 50,000/- (Rupees Fifty Thousand Only) for the harassment of the complainant and other difficulties which was suffered by the complainant.

III. Direction to the Opposite Parties to pay compensation of Rs. 50,000/- (Rupees Fifty Thousand Only) as litigation cost of the complainant.

On 21/09/2023 this commission admit the case and also issue notice upon the opposite parties. On dated 17/10/2023 on behalf of op-1 learned advocate files vokalat-nama signed by Sanchi Chhabra, authorised signatory of “FLIPKART INTERNET PVT.LTD”. Learned advocate also files an undertaking for filing written version. On that specific date this case run exparte against op-2&3 for non appearance after receiving the notice from this commission. O.P-No-1 THE SENIOR MANAGER FLIPKART INTERNET PVT.LTD took numerous times for filing their written version. But, not participate in this case. We decide the case on merit after hearing from the side form the complainant only. O.P-No-1 THE SENIOR MANAGER FLIPKART INTERNET PVT.LTD fully aware about the facts of the case and deliberately stay away from this case.

Points for consideration

1. Whether the complainant is a consumer?
2. Whether the case is maintainable under the C.P. Act 2019?
3. Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?
4. Is the complainant is entitled to get any award and relief as prayed for?

All the points are taken up together for consideration and decision.

We have gone through the records and considering the contentions made in the complaint and also the evidence in support of such contentions as sworn by the complainant and also the copy of documents filed we find that the complainant has proved her case against O.P-1 only. The O.P.-1 “THE SENIOR MANAGER FLIPKART INTERNET PVT.LTD” (E-commerce platform) is guilty for deficiency in services and unfair trade practices as they have not performed their duties according to the new consumer protection act 2019. As and when The O.P.-1 “THE SENIOR MANAGER FLIPKART INTERNET PVT.LTD” consciously avoids the proceedings of this commission we don’t have any other alternative to believe the allegation made by the complainant which was filed by supporting affidavit.

Therefore, the complainant is entitled to the relief as specified bellow.

All points are disposed of. In the result the case/ application succeeds in part.

Hence, it is

ORDERED

We allow the consumer case in part against the O.P.-1 “THE SENIOR MANAGER FLIPKART INTERNET PVT.LTD” and dismiss against the O.P-2&3 by issuing the following directions

1. O.P.-1 “THE SENIOR MANAGER FLIPKART INTERNET PVT.LTD” is directed to refund the whole price of the said Air Conditioner, i.e., Rs. 36,800/- (Rupees Thirty-Six Thousand and Eight Hundred Only).
2. O.P.-1 “THE SENIOR MANAGER FLIPKART INTERNET PVT.LTD” directed to pay compensation of Rs. 20,000/- (Rupees Twenty Thousand Only) for the harassment of the complainant and other difficulties which was suffered by the complainant.
3. Opposite Partie-1 directed to pay compensation of Rs. 10,000/- (Rupees Ten Thousand Only) as litigation cost to the complainant.

4. O.P.-1 “THE SENIOR MANAGER FLIPKART INTERNET PVT.LTD” is directed to deposit Rs. 10,000/- (Rupees Ten Thousand Hundred Only) to the consumer legal aid account of this commission.

The order should be comply within 30 (Thirty) days from the date of this order failing which the complainant/O.P will be at liberty to put the order in execution according to provision of law.

Let a copy of this judgment be given to the parties free of cost.