Duplicate product delivery by flipkart

Pratik Jain (Querist) 27 January 2015 This query is : Resolved
Hi,

I have purcashed a Sennheiser PMX80 Sports II Wired Headphones , which is delivery to me but it is a fake product, which has been checked from the Sennheiser company and flipkart also accepted the same.

Now I want to file a case against Flipkart and the seller who has been sell the duplicate product to us through Flipkart.

I would like to know the section under which i can file the case on Flipkart and the seller, and upto what amount i can get a compenastion through a consumer court.

Email from flipkart.
We wish to mention that Flipkart Internet Private Limited (Flipkart) is an online marketplace, engaged in the business of providing platform/technology and/or other mechanism/services to facilitate transactions, electronic commerce, mobile commerce, by and between respective buyers and sellers; enables dealing in various multiple categories of goods. As an intermediary, we are not involved in the sale transaction but only provide the online platform. We do not sell any products on our own on the website.

We would further like to clarify that we only provide an online platform where third party sellers; sell their products and visitors/buyers purchase such products from the respective sellers on the aforesaid website. This contract between the seller and buyer is a bipartite contract and Flipkart is not a party to this contract. It is noteworthy that at no time does Flipkart hold any right/title to or interest over the Product nor even have any obligations or liabilities with respect to such a contract.

In the instant case, since the Sennheiser PMX80 Sports II Wired Headphones (for short the “Product”) is sold by a third party seller, Flipkart being a mere intermediary cannot ascertain your claims of any alleged issues with the Product. Please note that as an intermediary we do not have any service centers or the knowledge to ascertain or resolve the alleged issues with the Phone.

Nonetheless, we have escalated the issue to the respective seller and the seller has informed us that they are willing to refund the amount paid for the Product. We request you to confirm your acceptance of the same so that pick up of the Product can be arranged and refund can be processed to you. Once the Product is received, we can take up the matter with the seller as against the claims alleged by you. Further, we understand from your mails that you have received confirmation from the Brand stating that the Product is fake, we request you to share the said communication so that we can access the issue and take appropriate action against the seller. We assure you that we believe in the highest standards of customer satisfaction and the matter shall be dealt with appropriately. We shall keep you updated in this regard. We once again request you to confirm your acceptance for refund and pick up of the Product.

We reiterate that there is no claim against Flipkart in this entire transaction and hence you are requested to not to initiate unnecessary legal action against Flipkart. If you still wish so, same shall be suitably defended. In such event you shall be solely held responsible for cost and consequences thereof.

Follow Query

Report Abuse

ajay sethi (Expert) 27 January 2015
since flipkart has offered to refund you money paid by you accept the offer . further forward copy of mail from manufacturer that product is fake . flipkart will take action against supplier . no need to file complaint before consumer forum