[Resolved]  Flipkart — Non Delivery Deficiency of service and Unfair trade practice

Address:

Mumbai City, Maharashtra

1.I, the undersigned Mr Freddy Rumi Daruwala ( under personal e mail ID freddy.[protected]@gmail.com)had ordered Xiaomi Redmi 1s phone under their offer with free screen guard, cover and sim card tray on 6th October 2014( your Big Billion Day) from the mobile application downloaded on my Regd Mobile No [protected] to avail of additional discount of Rs 150/- on 1st use of the mobile app. + Cashback of Rs 300/- (5%)( total Rs 5549/- with discount for mobile app use and cashback ). It is pertinent to note that Flipkart is the monopoly distributor of the particular item Redmi 1s in India 2. As per your own terms and conditions also reflected in your subsequent e mails there were no cancellations or refunds permissible for orders on 6th October 2014 3. On or about 8th October 2014, Flipkart informed me that due to malfunctions in there server the said order was logged in duplicate under order nos OD[protected] and OD[protected] and communicated to me whether I wanted two items of the product 4. I have communicated with Flipkart that since I had only ordered once they should not supply under the duplicate order ( In any case the terms of purchase of the item Redmi 1s allowed only one phone to a customer) 5. However in breach of all norms of trading ethics Ms Flipkart cancelled BOTH the orders and sent me a mail that due to technical issues they were unable to reinstate my order and asked me to reorder.It is very clear that Ms Flipkart has taken orders for products which were not in stock and used the technical glitch as an easy way out to wriggle out of its order obligations 6. When I tried to reorder, I wass shocked to find that the product was non orderable and I was asked to “register for it” for an order session on 14th October 2014 at 2:00 pm. On receiving this information I called up Flipkarts call centre and they also said that both orders were cancelled due to a technical glitch and the product was out of stock. I finally wrote to Ms Flipkart on 16th October 2014 asking them to send the product ordered to which there was no reply 7. On 18th October 2014, Ms Flipkart sent me two e mails to my regd email ID freddy.[protected]@gmail.com under reference Incident No[protected] as follows: a)That the Redmi IS purchase was successful and I was eligible for the cashback of Rs 300/- on successful completion of the order b) That The Courier Partner had misrouted the shipment and it was returned to the warehouseby Flipkart. However the login ID shows one order as cancelled and the other as returned ( especially noteworthy since as per Flipkarts own terms and conditions there were no cancellations permitted on 6th October 2014)Both the mails also asked me to reorder a product that was out of stock. Both the above mails clearly admit Flipkart’s culpability in indulging in unfair trade practices, (i.e. accepting orders for products out of stock for which they are monopoly distributors in India )and also making flimsy excuses for non fulfilment of orders. They also admit deficiency of service and consequent vicarious liability due to misrouting of shipments by their agents, the Courier partners, due to no fault of the customer and causing him loss, harassment and waste of time 8. I call upon Flipkart to supply the items in the order as specified especially since as per Flipkart’s own terms prohibited cancellation and refund on orders taken on 6th October 2014 and given the fact that the product is out of stock and that Flipkart is the sole distributor for the product in India.