Punjab

Ludhiana

CC/23/224

Sanjeev Gupta - Complainant(s)

Versus

Flipkart india Pvt.Ltd - Opp.Party(s)

Rochit Sharma

09 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 224 dated 08.06.2023                                                         Date of decision:09.12.2023

 

Sanjeev Gupta alias Laxmi  Narain, resident of 493L, Ist Floor, Near Tikona Park, Behind Grover Homeo Clinic, Market lane 2^nd Street, Ludhiana, Punjab-141002. Ph. No.9914978673. Email. Gauravsaggi78673@gmail.com.                                                                                                         ..…Complainant

                                                Versus

1. Flipkart India Private Limited, Vaishnavi Summit, Ground Floor 7^th Main, 80 Feet Road, 3^rd Block, Koramangala Industrial Layout, Bangalore KA 560034 IN.
2. M/s. Xonique Ventures Pvt. Ltd. 2^nd Floor, No.7 Old No.24/7, Kumara Kot Layout, Bengaluru, Karnataka-560001.                                                                                                                    …..Opposite Parties

Complaint under section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS.MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Gaurav Saggi, Advocate

For OPs                          :         Sh. Sudhir Kumar Gakhar, Advocate

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           The complainant has invoked the jurisdiction of this Commission by filing the present complaint and raised a consumer dispute with regard to supply of defective mobile phone to him resulting in harassment as well as loss to the complainant and he sought replacement of the defective mobile or to refund the amount along with compensation as well as litigation expenses.

2.                Notice was issued to the opposite parties and on 29.08.2023 Sh. Sudhir Kumar Gakhar, Advocate appeared on behaved of OP1 and filed written statement along with affidavit on behalf of OP1 on 09.11.2023. The parties stated that they are in agreement to resolve the matter amicably and the case was adjourned for settlement.

                   However, on 08.12.2023, complainant Sh. Sanjeev Gupta suffered statement that he is ready to settle his claim with the OPs with the condition that the OPs shall pay Rs.30,068/- i.e. price of the phone along with compensation of Rs.3,000/- to him. The complainant further undertook to return the mobile phone along with accessories within 15 days from today and prayed for settling the complaint case accordingly.

                   Sh. Sudhir Kumar Gakhar, Advocate for the OPs suffered statement having heard the statement of the complainant by stating that the OPs are ready to accept the offer and will refund the amount of mobile Rs.30,068/- along with compensation of Rs.3,000/- within 30 days from the date of receipt of mobile phone and accessories.

                  

 

 

3.                In view of the aforesaid settlement arrived between the parties, the present complaint stands disposed of with the direction to the complainant to return the mobile phone along with accessories within 15 days from today and thereafter, the OPs shall refund the amount of mobile Rs.30,068/- along with compensation of Rs.3,000/- within 30 days from the date of receipt of mobile phone and accessories, failing which the complainant shall be held entitled for interest @8% per annum on the said amount till its actual payment. Copy of the order be supplied to the parties free of costs.

4 .               File be indexed and consigned to record room. 

 

(Monika Bhagat)           (Jaswinder Singh)         (Sanjeev Batra)               Member                       Member                         President   

National Lok Adalat    National Lok Adalat      Consumer Commission                                                                                     cum Chairman, National                                                                          Lok   Adalat       

Announced in Open Commission                                            Dated:09.12.2023.

Gobind Ram.