Chandigarh

DF-I

CC/1082/2019

Anupama Gandhi - Complainant(s)

Versus

M/s Flipkart India Pvt. Ltd. - Opp.Party(s)

Amarbir Dhaliwal & Sunit Kumar Chauhan

03 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/1082/2019
Date of Institution	:	25.11.2019
Date of Decision	:	03.01.2023

 

Anupama Gandhi W/o Mr. Dev Dutt Gandhi r/o 5724 Duplex Phase III, Modern Housing Complex, Manimajra, Chandigarh, pin 160101.

… Complainant

V E R S U S

1.   M/s Flipkart India Pvt. Ltd. through its Managing Director/Director/Authorized signatory/authorized peron.

Regd. Office: Building Alyssa, Begonia & clove Embassy Tech Village, Outer Ring Road, Devarabeesanahali Village, Bengaluru 560103, Karnatka, India.

2.   M/s Consulting rooms Pvt. Ltd. through its Managing Director/Director/Authorized signatory/authorized person.

Regd. Office: 202 DBS Business centre FF, World Trade Tower, Barakhamba Lana Connaught Place New Delhi 110001.

 

.  … Opposite Party

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                        

ARGUED BY		Sh. J.P. Nahar, Advocate for the complainant.
		Sh. Atul Sharma, Advocate for Opposite Party No.1
		Sh. Rohit  Kumar, Advocate for Opposite Party No.2.

Per surjeet kaur, Member

1. Briefly stated, the complainant purchased an Air Conditioner MarQ by Flipkart 1.5 ton 5 star inverter AC white from online web portal of the Opposite Party No.1 on 22.1.2019 vide invoice Annexure C-2 having one year warranty. The complainant got the AC installed from  a private contractor by paying Rs.3500/-.  It is alleged that the AC in question did not perform on cooling from day one.  The complainant vide various emails Annexure C-4(colly)  requested the Opposite Parties to replace the AC or refund his hard earned money. The Opposite Party No.1 vide emails Annexure C-5(colly) admitted that the AC in question is a defective piece and the amount paid by the complainant shall be refunded. But neither neither the AC was replaced nor the price thereof was refunded to the complainant.  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 Party No.1 in its reply stated that  it is not engaged in the business of sale of any product to the end customer. The answering Opposite Party  is a wholesaler and is only engaged in B2B sales. Further Flipkart India Pvt. Ltd. in the present case is neither the manufacturer of product purchased by the complainant nor provided any  platform to the complainant for the product in issue.  It is averred that the complainant appears to be aggrieved with marketplace platform flipkart.com, which is owned and operated by a separate legal entity incorporated under the Companies Act under the name  of Flipkart Internet Private Limited, which is distinct and separate from Opposite Party No.1.  Hence, the answering Opposite Party No.1 has no role to the  transaction executed between the complainant and the Opposite Party No.2 through online platform of Flipkart Internet Pvt. Ltd, thus the complaint is liable to be dismissed aganst the answering Opposite Party.  All other allegations made in the complaint has been denied being wrong.
3. Opposite Party No.2 in its reply stated that it is carrying on the business of sale of goods manufactured/produced by others.  The answering Opposite Party is a registered reseller on the website of Flipkart.com and sells products of other manufacturers, traders etc. under their respective trade mark through the website.. It is alleged that complainant has not impleaded the manufacturer as party to the instant complaint as the main dispute is regarding non working of the product in question , which can only be redressed by the manufacturer  as they only know the technicalities or working of the product in question.  It is averred that the complainant should have approached the manufacturer for any defect in the product in question and the answering Opposite Party has no role to play. Denying all other allegations leveled in the complaint, it is prayed that the complaint be dismissed.  
4. Rejoinder was filed and averments made in the consumer complaint were reiterated
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. The grouse of the complainant through the present complaint is that his brand new AC did not work even for few months despite covered within warranty period. The product in question was purchased from Opposite Party No.2 through the platform of Opposite Party No.1.after spending amount of Rs.29999/- on 22.1.2019. As per case of the complainant the said  AC was purchased in the winter season in the Month of January  but when proper season of its usage arrived the same was got installed by spending another sum of Rs.3500/- but the product in question did not work in the summer season thereby frustrated the very sole purpose of  purchasing the same.  Various steps were taken by the complainant to get the product replaced or the amount to be refunded but the OPs despite admitting their fault for the inconvenience caused to the complainant by selling the defective product did nothing to refund or replace the product in question.
8. The stand taken by the Opposite Party No.1 is that it is a different identity and only provide  platform, therefore, there is no deficiency on its part. On the other hand Opposite Party No.2 stated that it is only a seller and not the manufacturer of the product in question, therefore, it cannot be held liable for deficiency in service.
9.   A careful perusal of Annexure C-5 email dated 5.7.2019 shows a sort of admission on the part of the manufacturer through the platform of Opposite Party No.1  wherein they apologized for the inconvenience caused to the complainant on the product purchase of MarQ by flipkart. In the email there is also admission that the product is defective and replacement/refund process was to be processed within 5 more working days but till date the AC in question has neither been replaced nor refund has been made to the complainant. It is admitted fact that the product was defective as is evident from Annexure C-5, therefore, the present complaint is very much maintainable. It is the Opposite Party No.1 only who is marketing the brand in question MarQ for the electronic products but did not give its full name just to mislead the general public.
10.  Undoubtedly it is admitted by Opposite Party No.2 that the product was purchased from it but intervention of Opposite Party No.1 is clear in the invoice Annexure C-2  issued by Opposite Party NO.2 but despite admission of defect in the product the genuine grievance of complainant was not redressed rather the complainant was forced to indulge in the present unnecessary litigation. Hence, the act of Opposite Parties to sell a substandard product and thereafter non providing of after sale service that too within the warranty period amounts to deficiency in rendering service and unfair trade practice.   
11. 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 invoice price of the product in question to the complainant to the tune of Rs.29999/- with interest @9% p.a. from the date of filing of complaint fill realization.
2. to pay 7000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay 5000/- to the complainant as costs of litigation.
4. The complainant shall handover the AC in question to the OPs.

12.      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
13. The complainant shall handover the AC in question to the OPs on receipt of its refund as ordered above.  
14. 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
mp