Orissa

Cuttak

CC/39/2022

Khan Mikali Zabeeb - Complainant(s)

Versus

Flipkart Internet Pvt Ltd - Opp.Party(s)

self

23 Aug 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C.No.39/2022

Mr. Khan Mikhail Zabeeh,

At/PO:Ostapur,P.S:Mahanga,Cuttack,

Pin-754207.                                                                                  ... Complainant.

        

                                                Vrs.

Flipkart Internet Pvt. Ltd.,

Buildings Alyssa,Begonia & Clove Embassy Tech Village

Outer Ring Road,Devarabeesanahalli Village,

Bengaluru-560103,Karnata,India....Opp. Party.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    03.03.2022

Date of Order:  23.08.2022

 

For the complainant:            Self.

For the O.P.               :           None.

 

Sri Debasish Nayak,President. 

            Case of the complainant in nutshell is that he had purchased a Laptop of model ASUS ZENBOOK CLASSIC (UX333FA) through online FlipKart vide order ID No.OD223167986230280000 on 21.10.21 for a sum of Rs.64,990/-.  But he had received a parcel on 26.10.21 which contained a different model which he had not intended.  He immediately had asked the O.P to change the same or to refund his money. When no result yielded, the complainant has filed this case seeking redressal from this Commission in order to direct the O.P to refund the amount of Rs.64,990/-  to the complainant together with a compensation amount of Rs.50,000/- and also to bear the litigation cost of the complainant.  The complainant has also prayed for any other relief as deemed fit and proper for the ends of justice.

            The complainant has filed xerox copy of the documents in order to prove his case.

2.         Having not contested this case, the O.P has been set exparte.

3.         The points for determination in this case are as follows:

                        i.          Whether the case of the complainant is maintainable?

ii.         Whether there was deficiency in service on the part of O.P?

                        iii.        Whether the O.P had practised unfair trade?

                        iv.        Whether the complainant is entitled to the reliefs as claimed by him?

Points No.1,2 & 3.

            Points no.1,2 & 3 are taken up together first for consideration here in this case.  From the copies of documents as available in this case record and after going through the averments as laid down in the complaint petition, this Commission could know that infact the complainant had placed order for a particular Laptop but had received another one for which he had not placed any order.  He had made correspondence in this regard but the O.P had not responded.  The complainant had paid a sum of Rs.64,990/- to the O.P towards the consideration value of the Laptop which he intended to purchase.  Thus, by providing a different Laptop than that which the complainant had placed order and by not listening to the request of the complainant in order to replace the Laptop or to refund his money, it can be said here in this case that the O.P was undoubtedly deficient in his service, had practised unfair trade and the case that which has been filed by the complainant is ofcourse maintainable. Accordingly, these three points are answered in favour of the complainant.

 

 

Point No.4.

            From the above discussions, this Commission is of a view that the complainant is entitled to the reliefs as claimed.  Hence it is so ordered:

                                                        ORDER

            The case is decreed exxparte against the O.P.   The O.P is directed to refund the value of the Laptop as received from the complainant to the tune of Rs.64,990/- on 1.10.21 together with interest thereon @ 9% per annum from the said date till the total amount is quantified.  The O.P is further directed to pay a sum of Rs.50,000/- to the complainant towards the mental agony of the complainant  and to bear the litigation cost of the complainant to the tune of Rs.15,000/-.  This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 23^rd    day of August,2022 under the seal and signature of this Commission.

                                                                                                                                                                                                     

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                                                                                                                                                                Sri Sibananda Mohanty

                                                                                                                                           Member.