Chandigarh

DF-I

CC/49/2022

Rajiv Bhardwaj - Complainant(s)

Versus

FlipKart - Opp.Party(s)

Manjinder Kumar

04 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/49/2022
Date of Institution	:	7.1.2022
Date of Decision	:	4.7.2023

 

Rajiv Bhardwaj son of Sh. Dharam Pal Sharma resident of flat No.51, Ground floor, AWHO Flats, Sector 44-A, Chandigarh.

 

… Complainant

V E R S U S

1. Flipkart Building Alyssa, Begonia & Clover, Embassy Tech Village outer Ring Road, Devarabeensanahalli village, Bengaluru, Bangalore KA 560103 IN through its authorized signatory/representative.
2. The authorized signatory/representative flipkart, Building Alyssa, Begonia & Clover, Embassy Tech village outer Ring Road, Devarabeensanahalli village, Bengaluru, Bangalore KA 560103 IN.

  … Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                       

ARGUED BY		Sh. Manjinder Kumar, counsel for complainant.
		Sh. Atul Sharma, counsel for OPs.

Per SURJEET KAUR, Member

1. Briefly stated the complainant purchased one JJ Jonex Kin Store  Bull worker fitness & daily workout with free handling cover on 1.7.2021 by making online payment of Rs.1,099/-. The said product was delivered to the complainant on  5.7.2021.   Since the product was found to be sub-standard therefore, the complainant requested for return/refund which was accepted by the OPs vide email dated 11.7.2021. However to the utter surprise the complainant got a notification  of replacement which was never asked for by the complainant.  The complainant accordingly asked the OPs to cancel the replacement and again requested for return/refund. The OPs assured the complainant that the item will be picked up on 17.7.2021 but despite repeated requests nothing was done by the OPs. The complainant made several requests to the OPs  for return/refund despite that on 13.8.2021 the complainant got a call that the refund request alongiwth return was cancelled, which was contrary to the promises made by the OPs.  The complainant sent a legal notice Annexure C-7 to the OPs but to no avail.  Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed
2. The Opposite Parties NO.1&2 in their reply stated that OP No.1 only operates online platform and all the products on the platform are sold and supplied by independent third party sellers. The product in the instant matter was also purchased from the third party seller i.e. Krishiv International and the same is evident from the copy of tax invoice as attached by the complainant himself.  The said seller had sold the product in question to the complainant and supplied it to the complainant through third party logistic service provider. It is submitted that the OP No.1 never came in possession of the product delivered to the complainant. Thus the answering OPs are not in position to ascertain authenticity of the grievance of the complainant and are not responsible for delivery/return/replacement of the product.  It is averred that the issue raised by the complainant was duly intimated to the seller and the seller accepted the replacement request of the complainant. However, the complainant was adamant on getting refund, which was rejected by the seller as the same was against the replacement policy. Thus the answering OPs have no role to play in the dispute in question. All other allegations made in the complaint has been  denied being wrong.
3. Since the complainant failed to file rejoinder despite affording ample opportunity therefore further opportunity to file rejoinder was closed vide order dated 18.11.2022.
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. It is evident from the Annexure C-2 that the complainant paid Rs.1099/- to the OPs  for purchase of the product in question. The sole grouse of the complainant through present complaint is that the product delivered was of substandard quality for which the complainant requested for return/refund, which was duly accepted by the OPs. After various requests made by the complainant the Ops agreed to refund the amount in question  vide email Annexure
   C-5 dated 19.12.2021.
7. The stand taken by the OPs is that the refund is to be done by the seller only and not by them and the same is beyond the replacement policy.
8. After going through the Annexure C-5  the email dated 17.7.2021 sent by the OPs to the complainant, it is apparent that the OPs agreed to refund the amount paid by the complainant for the product in question. However, despite this email sent by the OPs the complainant was not made any refund, which is clear cut  fault on the part of the OPs, which amounts to deficiency in service. Thus, OPs are liable to refund the paid amount.  So far as the plea of the OPs that the complainant paid the amount to the seller is concerned we are of the opinion that the seller is an alien to the complainant as he purchased the product from the platform of the OPs which was of sub-standard quality. Thus the Ops are deficient in rendering service firstly selling a sub-standard product on its platform and thereafter running away from its liability of refund of the price of the  sub-standard product despite assurance. Thus there is deficiency on the part of the OPs.
9. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs are directed as under:-

1. to refund  the amount of Rs.1099/- to the complainant.
2. to pay Rs.2000/- to  the complainant as compensation for causing mental agony and harassment to him;
3. to pay 1000/- to the complainant as costs of litigation.

10.      This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above. The complainant after receipt of refund as ordered above of the product in question shall return the product in question to the OPs if already not returned by him.
11.      Certified copies of this order be sent to the parties free of charge. The file be consigned

			sd/- [Pawanjit Singh]
			President
			sd/-
			[Surjeet Kaur] Member