SMT. MOLYKUTTY MATHEW  : MEMBER

This is a complaint filed by the complainant U/s 12 of Consumer Protection Act 1986 for an order directing the opposite parties to refund the amount of Rs.29,635/- along with compensation and  cost  to the complainant for the  deficiency of service on his part.

The case of the complainant in brief

            The complainant had placed an online order for a Lenovo idea pad laptop and Logitech M 171 optical mouse from the OP, whose supplier name was shown as Retail net.  The complainant placed an order before OP and order ID-11907240 2635416000 was allotted to the complainant by OP for an amount of Rs. 29,635/-  The complainant purchased laptop and mouse availing the debit card EMI Scheme and as such amount of Rs.29,635/- was transferred through online payment with SBI Taliparamba branch account NO. 00000039471730475 on 04/07/2020.  The transaction was made to the account of OP showing payzippy 36153823955 m/s Flipkart.  On 04/07/2020 itself the complainant came to know that the prize of the product is higher than that of market prize of same product.    On 05/07/2020 the complainant cancel the order and the cancellation of the order the complainant get e-mail message from the OP that the amount of Rs.29,635/- refund to the complainants account by 16/07/2020.  But the complainant account not received the amount even after 16/07/2020.  Then the complainant contacted the OP through their customer care number 18002089898 and also through the e-mail address                         cs@flipkart.com for more than 20 times.  Then OP give a refund ID No. IN00000192402 stating that the amount was refunded to the account.  Then the complainant approached to SBI Taliparamba branch to know that no such amount credited by OP to the complainant’s bank account.  So the cleared refund reference ID give by OP is only a manipulated one and no such amount credited to complainant’s account.  The act of the OP the complainant caused much mental agony and hardship.    So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

            After filing the complaint notice was issued to both OPs.  OP No.1 entered appearance before the commission and submitted his written version.  OP NO.2’s notice returned unserved.  Then the complainant  deleted OP No.2 in the party array.  OP No.1 contended  that Flipkart internet Pvt. Ltd. is a company only act as an intermediary through web interface www.flipkart.com and provides a medium to various sellers all over India to offer for sale and sell their products to the users of the Flipkart platform.  This OP is nowhere at fault as this OP does not receive the amount nor make any refund also.  This OP informed that the refund is already made in favour of the complainant by the seller.  This OP neither offers nor involve in any refund facility to the end buyers of the product.  So the contention of OP No.1 is that there is no deficiency of service and unfair trade practice on the part of OP and the complaint may be dismissed.

On the basis of the rival contentions by the pleadings the following issues were framed for considerations.

1. Whether there is any deficiency of service on the part of OP?
2. Whether the complainant is entitled for any relief?
3. Relief and cost?

The evidence consists of the oral testimony of Pw1 and Ext.A1 to A5 marked.   On the OP’s side Ext.B1 andB2 documents marked.  No oral evidence and no witness examined form the side of OP.  

Issue No.1

            The complainant adduced evidence by submitting his chief affidavit in lieu of his chief examination to the tune of the pleadings in the complaint and denying the contentions in the version.   He was cross examined as Pw1 by OP.   He relied on Ext.A1 to A5.  In Ext.A1 clearly  shows that the order details dated 04/07/2020 and the cancellation dated 05/07/2020.  In Ext. A2 shows the order details dated 04/07/2020 to optical mouse. In Ext.A3 (series) shows the text messages and Ext.A4 (series) shows the e-mail copies.  In Ext.A5 contain the loan account statement of the complainant.  As per the text message and e-mail messages the OP states that the amount of Rs. 29,635/- refunded to complainant’s account.  But the amount was not received any account to complainant’s account even after 16/07/2020.  Then the complainant informed the matter to customer care No.18002089898 and the e-mail address

Issue No.2 and 3

            As discussed above the OP is not ready to refund the amount to complainant’s bank account No.000000 39471730475.  The complainant produced Ext. A5 document  which clearly shows  that on 04/07/2020 the complainant  paid an amount of Rs. 29,635/- through online payment with Taliparamba  SBI branch account No.000000 39471730475 made to the account  of OP showing payzippy 36153823955 M/s FLIPKART.  According to the complainant failure to refund the amount the OP is directly bound to redressal the grievance caused to the complainant.  Therefore we hold that the OP is liable to refund the amount of Rs.29,635/- to the complainant along with Rs.5,000/- as compensating and Rs.2,000/- as litigation cost.  Thus the issue No.2 and 3 are also accordingly answered.

In the result the complaint is allowed in part directing the opposite party to refund the amount of Rs.29,635/- to the complainant along with Rs.5,000/- as compensation and Rs.2,000/- as litigation cost to the complainant within 30 days of receipt of this order.  In default the amount of Rs.29,635/-   carries 9% interest per annum from the date of order till realization.  Failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. 

Exhibits for complainant

A1           - Order details dated 04/07/2020 & cancellation details 05/07/2020

A2           - Order details dated 04/07/2020

A3(series)- Text messages (3 in No.)

A4(series)- E-mail copies (5 in numbers)

A5           - Loan account statement

Exhibits for Opposite parties

B1           - Flipkart terms of use

B2           - Guidelines for (FDI) on e-commerce

      Sd/                                                                          Sd/                                                     Sd/

PRESIDENT                                                                   MEMBER                                                   MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

/Forward by order/

Assistant Registrar