STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                    U.T., CHANDIGARH 

Jagan Nath Bhandari, Office address: SCO No.35-36, 3rd Floor, Sector 17-C, Chandigarh and resident of House No.12, Block A, Janta Nagar, Naya Gaon, Mohali, Punjab 160103.

                                                                                      … Appellant

V E R S U S

1.   Flipkart Internet Private Limited, through its Managing Director/Manager/Authorized signatory, Flipkart India headquarters Mailing Address : Flipkart Internet Private Limited, Ozone Manay Tech Park, #56/18 & 55/09, 7th Floor, Garvebhavipalya, Hosur Road, Bangalore 560068, Karnataka, India

2.      State Bank of India, through its Branch Manager/Authorized Signatory, Address: Medical Institute, PGIMER, Sector 12, Chandigarh  

                                                                                      ..... Respondents

Appeal under Section 41 of the Consumer Protection Act, 2019 against order dated 07.03.2024 passed by       District       Consumer Disputes Redressal Commission-II, U.T. Chandigarh in Consumer Complaint No.238/2020.

BEFORE:    HON’BLE JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                     MRS. PADMA PANDEY, MEMBER

For the appellant         :     Sh. S.K.Verma, Advocate

For respondent No.1   :     Sh.Gaurav Bhardwaj, Advocate

For respondent No.2   :     Sh.Sanjeev Dua, Advocate

 PER PADMA PANDEY, MEMBER

                   This appeal is directed against the order dated 07.03.2023, rendered by the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh (hereinafter to be referred as “the Ld. Lower Commission”), vide which, it partly allowed  the complaint directing OP No.1/respondent No.1 to refund Rs.801/- alongwith interest @10% per annum from the date of filing the complaint till the date of its actual payment to the complainant/appellant. However, complaint against OP no.2/respondent No.2 was dismissed.    

2.       Before the Ld. Lower Commission, it was case of the Complainant/appellant  that Opposite Party No.1/respondent No.1 is an Indian Company leading internet based retailer and also offers home shipping of products listed on its website. It offered  Redmi Note 7 Pro (Neptune Blue 64 GB)  mobile costing Rs.11,999/-  and the complainant/appellant from his wife’s Flipkart account booked the same on 7.10.2019 vide order id OD116732040810840000 from the website of  Opposite Party  No.1  by opting payment mode of EMI amounting to Rs.1088 X 12 months from his Savings Bank Account No.30065020326 at SBI/OP No.2.  The said phone was delivered to the complainant within 2/3 days of its booking.  There was return option available within 10 days of its delivery and due to some defects in the mobile phone, the complainant   returned it to OP No.1 well within 10 days of its delivery and   sought refund. When the refund was not made, the complainant raised the concern with OP No.1 and asked about the status of refund.  OP No.1 then  assured to credit  the amount by 12.11.2019.  However,  OP No.1 failed to refund the amount by the promised date, as a