PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             Consumer Complaint No. 57/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sameet Kumar Pradhan

S/O- Late Uddhaba Pradhan

R/O-Charbhati, Ps- Dhanupali,

Dist- Sambalpur-768005, Odisha.                                 ...………..Complainant

Versus

1. Flipkart through its Head registered office

At Vaishnavi Summit Ground Floor 7^th main,

80 feet road, 3^rd Block, Koramangala Industrial Layout,

Bangalore, India-760034.

2. Flipkart through its subsidiary Head,

Ekart Logistics, At-Ajitpur.

Debeipali, Ps-Sason,

Dist-Sambalpur-768200, Odisha.                        …………...Opp.Parties

Counsels:-

1. For the Complainant          :-      Sri. P.K.Kar Adv. & Associates
2. For the O.P.s                        :-      Sri. A.K. Sahoo, Adv. & Associates

Date of Filing:17.08.2023,Date of Hearing :28.08.2023,Date of Judgement : 26.09.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant placed a pre-paid online order with O.P. No.1, e-commerce company on 29.12.2021 for one LOUIS PHILIPPE single breasted formal men Blazer vide order ID No. OD-123764471306310000. The total amount was transferred through ICICI Bank credit Card and excepted date of delivery of product was 08.01.2022. The product was not delivered in time. The O.Ps assessed to resolve the problem by 26.01.2022, 16.02.2022 and 04.03.2022 but it was in vain. The Complainant contacted the O.Ps over phone but the O.Ps failed to resolve the problem thereby the Complainant harassed and the O.Ps are deficient in their service.
2. The O.Ps in their version submitted that the O.P.no.1 is not the seller of any product but only an online common platform for buyer and seller. The seller is Westbury Holdings Pvt. Ltd. and the O.ps have no role in the sale transaction. As per section 79 of the information Technology Act, 2000 and Rule 5(1) of the Consumer Protection (E-Commerce) Rules 2020 the O.Ps are not liable. The services of O.P. No.1 is like a shopping mall rented to different sellers. The O.P. No.1 tried its best to solve the dispute in its capacity of intermediary. As the seller has not been made party the complaint is not maintainable. There is no any deficiency on the part of the O.P. No.1.
3. Perused the documents filed by the parties. It is the admitted case of both the parties that order was placed on 29.12.2021 vide order ID No. OD 123764471306310000, 6.50AM and order was successfully placed to seller M/S Westbury stores for the product. The expected date of delivery was 08.01.2022. The amount paid Rs. 3200/- was acknowledged by O.P. No.1. From mail dated 25.01.2022,11.02.2022 & 28.02.2022 it reveals that the product has not been delivered in time amounts to deficiency in service and violation of contract, when consideration is acknowledge by the O.P. No.1.

No doubt, the O.P. no.1 is a body corporate and working as an intermediary, a market place to provide a bridge between a seller and a buyer. From the mails of O.P. No.1 it reveals that there is no any details of the sellers business, whether registered or not, their geographic address and customer care number. It is the right of the consumer to know all about the sellers and the O.P. No.1 failed to provide the same in its correspondences. The O.P. No.1 simply said the problem shall be resolved within a specific period. What steps the O.P. No.1 has taken for resolution of the problem has not been intimated, it also amounts to deficiency in service.

The O.P. No. 1 as an intermediary under the Information and Technology Act, 2000 and the C.P. (E-Commerce) Rules, 2020 not performed its obligation and accordingly cannot claim the exemption u/s 79 of the Information Technology Act, 2000.

Accordingly, it is ordered:

ORDER

The complaint is allowed on contest against the O.Ps. The O.Ps are directed to refund Rs. 3200/- with 9% interest P.A. w.e.f. 29.12.2021 within one month of this order. In case of non-payment the amount will carry 12% interest P.A. till realisation. For unfair trade practice and deficiency in service the O.Ps are liable to pay Rs. 20,000/- and litigation expenses of Rs. 10,000/- to the Complainant.

Order pronounced in the open court on this 26^th day of September 2023.

Supply free copies to the parties.