Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 683
Instituted on : 05.12.2019
Decided on : 16.02.2024.
Om Wati age 67 years,w/o Khushiram, R/o A-92, PreetVihar, Rohtak(Haryana)-124001.
………..Complainant.
Vs.
- Flipkart Internet Pvt. Ltd., Ozone Many Tech1 Park, #56/18 & 55/09, 7th floor, Rea Garvebhavipalya, Hosur Road Bangalore 560068 (Karnataka) Through its Manager (Regd. Office)
- Jeeves Consumer Services Pvt. Ltd, Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, VarthurHobli, Bengaluru-560103 (Karnataka). Through its Manager.
- Quick Services, Opp. UCO Bank, Near Saini Sr. Sec. School, Rohtak -124001. Through its Manager.
…….Respondents/Opposite parties.
COMPLAINT U/S 12 & 14 OF CONSUMER PROTECTION ACT
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh.Digvijay Singh, Advocate for the complainant.
Sh.KunalJuneja, Advocate for the opposite party No.1.
Sh.AnkitHooda, Advocate for opposite party No.2.
Opposite party No.3 exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that she had purchased one iFFALCON, 43 inch Ultra HD 4K LED Smart Android TV with HDR 10, vide Order ID OD117104519492119000 and order dated 20.11.2019 for a total sale consideration of Rs.19,999/- vide Invoice/Bill dated 21.11.2019 along with Complete TV Protection (3 Years) of Rs.1,999/- for her grandson and paid total Rs.21,998/- to Flipkart. The complainant has ordered the said product on 20.11.2019 and the respondent no. 1 i.e Flipkart sent it vide Invoice/Bill dated 21.11.2019 and delivered it on 23.11.2019 whereas the complainant has raised issue on 21.11.2019 but same was closed without any satisfactory reply by the respondents.At the time of installation on 23.11.2019, complainant has again raised the issue as per herrequirement for said Ultra HD 4K LED Smart Android TV (i.e. minimum requirement of 2 USB ports in said model TV and installation/compatible of google applications as the said TV is Smart Android TV) and complainant son also talked to the official and he said that there are 2 USB ports whereas, after inspecting the same there is only 1 USB port found instead of 2 USB ports. Thereafter, the official told the complainant to raise the return request for the same. The complainant has raised several return/refund requests regarding the same and the respondent arranged technician (Mr. Monu) visit i.e. respondent no.3, to sort out the issue. But he was unable to install the basic application of Google i.e. Google Chrome in which the complainant is comfortable and not only this, some other issues like lagging of lisping with video and some other apps were also not installed. After several efforts the technician has failed to sort-out the issues. The complainant has raised return request several times but respondents officials themselves made complainant’s forged signature and closed her return/refund request by their own without the complainant's consent and the said article is of no use to the complainant.Complaisant also requested the respondents by e-mails, phone but they do not pay any heed towards the complainant's genuine request. Respondent No.1 being the online seller, i.e Flipkart and respondent No.2& 3 is the installing agency of the Respondent No.1. Hence all the respondents are responsible and bound to refund the Complainant's paid amount for the said defected product.That the material used by the manufacturer is defective, inferior and that of very poor quality, which is below the standard norms.The act of the opposite parties is illegal and amounts to deficiency in service, Hence this complaint and it is prayed that opposite parties may kindly be directed to make the payment of Rs.21,998/- (19,999 + 1,999) along with interest @ 24% per annum from the date of billing to till the date of final payment, to pay a sum of Rs.21,000/- as an Advocate's consultancy fee and litigation charges and to pay a sum of Rs.50,000/- as compensation and damages on account of deficiency in service, illegal trade practice and also for the harassment&mental agony to the complainant.
2. After registration of complaint notices were issued to the opposite parties. Opposite party No.1 in its reply has submitted that the content of para No. 1 and 2 in so far as the complainant ordered one iFFALCON, 43 inch ultra HD 4K LED smart TV through opposite party is a matter of record as the complainant himself agreed that the opposite party is mere online intermediary. However it is pertinent to mention here that the opposite party is neither a seller nor the manufacturer/producer/service centre of the product in this case. The product purchased by the complainant was manufactured by IFFOLCON Company and sold by a third party seller registered on Flipkart platform who is not impleaded as a party in the present complaint, as is evident from the Invoice copy attached by the complainant with the complaint. It is further submitted that opposite party only provides an online platform where third party sellers sell their products and visitors/buyers purchase such products from the respective sellers on the website/app out of their own free will and choice. It is pertinent to mention here that advertisement with regard to price, specification, quality and description etc. are listed by the manufacturer of the product only and not by the opposite party. Opposite party only acts as an intermediary through its web interface www.flipkart.com and provides a medium to various sellers all over India to offer for sale and sell their product(s) to the users of the Flipkart Platform. It is submitted that these sellers areseparate entity being controlled and managed by differentpersons/stakeholders.The product purchased by the complainant has not been sold by opposite party and opposite party has no role in providing warranty or return/refund of the product. It is the sole duty of the manufacturer and seller, who were not even impleaded as a necessary party, to remove the defects, if any to the entire satisfaction of the customer. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
3. Opposite party No.2 in its reply has submitted that complainant himself has admitted in his complaint that the grievances is only against the manufacturer. It is further submitted that opposite party neither received any call nor sent any technicians from the side of opposite party to the complainant. It is denied that opposite party sent any defective TV to the complainant and cheated the complainant. Complainant himself has admitted in the para no.8 of the complaint that the grievance is only related with manufacturer not with the opposite party. The grievance does not lie against the opposite party. There is no privity of contract between the complainant and opposite party. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs. Notice issued to opposite party no.3 through Process Server of this office, received back duly served. But none appeared on behalf of opposite party No.3 and as such opposite party no.3 was proceeded against exparte vide order dated 03.02.2020 of this Commission.
4. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C18 and closed his evidence on 11.03.2022. Ld. Counsel for opposite party No. 1 & 2 made separate statements that reply already filed on their behalf be read in evidence and closed his evidence on 06.12.2022.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present case the grievance of the complainant is thatshe had ordered one iFFALCON, 43 inch Ultra HD 4K LED Smart Android TV with HDR 10 from the opposite party No.1 on 20.11.2019 and the respondent no. 1 i.e Flipkart sent it vide Invoice/Bill dated 21.11.2019 placed on record as Ex.C1. The said TV was delivered on 23.11.2019 but the same was having one USB port instead of 2 USB ports. Complainant raised the return request for the same. As per Ex.C3 the return request was approved which was expected by Tuesday 3rd December 2019. Complainant sent several emails Ex.C4 and Ex.C5 to refund the price. The return request was made within the return policy time of 10 days. ButTV has not been taken back till date. During the course of arguments, a document Annexure JN-A has been placed on record, as per which it is submitted by the opposite party No.2 to the complainant that spare part of the TV was not available due to which the TV was notrepaired. As per this email dated 11.03.22, opposite party has submitted that : “We are sorry to let you know that we are unable to repair your product due to the non-availability of certain spare parts. Hence a refund will be processed as per the complete protection terms and conditions that you can view here”. But till date refund has not been given by the opposite parties. Hencethere is deficiency in service on the part of opposite party no.1 & 2 and opposite party No.1 & 2 both are jointly and severally liable to refund the amount of Rs.19999/- alongwith interest and compensation to the complainant.
7. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party No.1 & 2 jointly & severally to refund the amount of Rs.19999/-(Rupees nineteen thousand nine hundred and ninety nine only) alongwithinterest @ 9% p.a. from the date of filing the present complaint i.e. 05.12.2019 till its realization and shall also pay Rs.6000/-(Rupees six thousand only) as compensation on account of deficiency in service and litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
16.02.2024
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Nagender Singh Kadian, President
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TriptiPannu, Member.
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Vijender Singh, Member
