| Name of Complainant | |
| Date of Complaint | March 27, 2024 |
| Name(s) of companies complained against | Flikart |
| Category of complaint | Miscellaneous |
| Permanent link of complaint | Right click to copy link |
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1. That the complainant is a consumer within the definition of the Consumer Protection Act is constrained to approach this Forum against the gross acts of the opposite party(ies) wherein they have committed serious deficiencies of services and unfair trade practices.
2. That the brief facts leading to the filing of the present complaint are as under
3. used to purchase different products through online portal frequently. Payments have been made basically on credit cards in advance always by me. And that the Flipkart (opposite party) merchandises different products through its online portal and/or his associated sellers (opposite parties cum present accused) deals in furniture etc.
4. That I have purchased a sofa cum bed (pic Exhb-1) dt 16 March 2024 being order id OD330744079197919100 / Invoice (Exhb-2) at Rs. 4499/- through my credit card and it was delivered on March 22, 2024 at my home. Brand DR JOHN Model SCB-4 Filing Material Foam Bed size Single Type Sofa cum Bed Seating capacity 1 Seater Mechanism Type Fold out Upholstery material Fabric sub material Jute Frame material Foam Primary Finish color Gold WxHxD 71 x 40 x 91 cm weight 8 kg warranty 1 year manufacturing warranty.
5. The seller / Flipkart displayed this product saying Sofa cum Bed. But my experiences are that this is not a sofa, no foam has been used, sitting comfortability in a sofa can never be felt. Ordinary sofa gives a soothing comfort but it is made of hard material. No foam has been used. It has to be fixed with the wall otherwise upper back portion cannot stand seems to be detachable. The seller/Flipkart cheated by saying it a sofa while it is a simple chair. His tech man visited forcefully while I cancelled and asked them to return the product to them abiding by cancellation rule of within 12 hrs of receiving the product.
6. That now the seller and Flipkart started bypassing the issue first of all they sent a technician to inspect its manufacturing defect at my home. He sent a report on his own th the seller as well as to Flipkart that there was no manufacturing defect and accordingly Flipkart rejected the return online and sent me a message on this. My versions arguments logic have not been heard. I made a video (Exhb-3) about the actual defect/deficiency which is produced before your honour.
7. That now till this time Flipkart again tries to send a technician may be for gaining time so that the product cannot be returned.
8. That the supportive documents above are as under :
9. That the aforesaid amounts to deficiency in services and unfair trade practice and the Complainant is entitled to refund of his entire amount of money Rs.4499/- paid to the opposite party. The Complainant is also entitled to compensation of Rs.75000/- against the aforesaid deficiency of services by the Opposite party(ies) as the Complainant has been made to suffer due to the abovesaid acts of the opposite party(ies). The Complainant is also entitled to compensation in lieu of physical pain, mental agony, and trauma due to all this.
PRAYER
It is, therefore, prayed that the Court may direct the opposite party to refund the entire amount paid to him along with interest at the markrt rate along with an amount of Rs.70000/- as compensation to the complainant.
That the Complainant is also entitled to the cost of the present litigation. Any other order as the Honourable Court may deem fit and proper in the facts and circumstances favor of the Complainant be passed.
COMPLAINANT
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