The district consumer dispute redressal Forum, Pune, on June 14 ordered Flipkart, an e-commerce portal, to refund a customer ₹28,990 with 9 per cent interest for delivering an empty package instead of the ordered camera.
The forum comprising president Anil Khadse and members Kshitija Kulkarni and Sangita Deshmukh passed the order.
The forum has directed the e-commerce portal to make the payment of ₹28,990 with 9 per cent interest within six weeks from the date of the receipt of the order to the complainant, along with ₹15,000 by way of global compensation towards mental and physical agony and cost of the complaint.
The victim, identified as Gaurangi Deshmukh, filed a complaint dated March 27 against Flipkart under Section 12 of the Consumer Protection Act 1986, alleging deficiency in service against the service provider. Deshmukh had placed an online order on February 4, 2018, for purchasing a Nikon DSLR camera model from Flipkart. She made a payment by way of net banking. The delivery boy handed over the package on February 5 to the security guard of her building. On opening the package, she only found the cover of camera.
The package was torn from one side and loosely taped.
On admission of the complaint, the forum issued notice to Flipkart directing it to appear before the court and file their written version. However, the e-commerce website failed to do so. The forum passed an ex parte order against the portal on August 14, 2018. On October 10, 2018, Flipkart appeared before the forum through an advocate and filed the application for setting aside the ex parte order. However, the forum rejected its application as the forum is not vested with the power to set aside an ex parte order. The complaint proceeded ex parte against Flipkart and after carefully scrutinising the pleadings of the complainant in the light of the evidence adduced on record and hearing the arguments, the forum passed the order.
First Published: Jul 10, 2019 16:28 IST