Hyderabad: The Chittoor consumer forum has asked e-tailing giant Flipkart to compensate a smartphone buyer for causing him mental agony. On June 16, 2016, the forum issued orders based on a complaint lodged by Mr G. Jyotheeswar against Bengaluru-based Flipkart. The complainant had submitted that he placed an order for purchase of MI 4I (brown) smart phone through Flipkart online e-commerce website in November 2014. The order was cancelled by Flipkart as “the product could not be delivered because proper address was not given and refund of amount has been initiated”.
The complainant replied that he had furnished the correct address including pin code number of Chittoor but the product was sent to Tirupati. It was not the mistake of the complainant if the product could not be delivered. The complainant demanded the opposite party to send the product to the specified address for the offered price of Rs 7,694. The other party refused to supply."
Flipkart remained absent for the consumer forum proceedings. The consumer forum pointed out that the opposite party did not make any diligent efforts to send the product to the complainant. In the judgment, it opined, “The purpose of Consumer Protection Act is to help consumers when they suffer from deficiency in service caused by service providers but at the same time, the service providers should not escape from their liability by throwing the blame on the complainant on flimsy grounds. Due to negligence of the opposite party, the complainant suffered mental agony. Mere apologies expressed by the opposite party for the inconvenience caused to the complainant will not in any way ease the complainant's mental agony. We are of the opinion that there is clearcut, plausible evidence placed by the complainant and as such deficiency of service on the part of opposite party is proved.”
Forum ordered Flipkart to supply the smart phone to complainant on exchange offer as originally agreed upon along with payment of compensation for Rs 1,000 towards mental agony and also costs of Rs 2,000.
