STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/765/2023 SACHIN V JOHN PRESENT ADDRESS - THANUVELIL HOUSE PALLARIMANGALAM P O MAVELIKKARA

690107 ALAPPUZHA ,KERALA.

.......Appellant(s)

Versus FLIPKART PRESENT ADDRESS - CEO KALYAN KRISHNAMOORTHY FLIPKART INTERNET PRIVATE LTD BUILDINGS ALYSSA BEGONIA AND CLOVE EMBASSY TECH VILLAGE OUTER RING ROAD DEVARABEESANAHALLI VILLAGE BENGALURU 560103,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER SRI.RADHAKRISHNAN.K.R , MEMBER FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 07/10/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM I.A.No.1521/2023 in APPEAL No.765/2023 ORDER DATED : 07.10.2025 (Against the order in C.C.No.284/2020 on the files of DCDRC, Alappuzha)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER PETITIONER/APPELLANT:

Sachin V. John, Thanuvelil House, Pallarimangalam (P.O), Mavelikkara –

690 107, Alappuzha (by Adv. R. Lekha)

Vs.

RESPONDENTS:

1.

Flipkart represented by C.E.O, Kalyan Karishnamoothy, Flipkart Internet Private Ltd., Buildings Alyssa Begonia & Clove Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru – 560 103, Karnataka, India (By Adv. Shiby P.P.)

2.

The Brand Stand, represented by owner, 423 Basement, Bhera Enclave, Paschim Vihar, New Delhi – 110 087

3.

Tissot Company represented by Brand Manager, Puneet Mathur, Swatch th Group India Private Ltd., 4 Floor, Rectangle 1, Plot No.D-4, Saket District, New Delhi – 110 017

ORDER

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT This is an application praying for condoning the delay of 445 days in filing the appeal.

2. Heard. Perused the affidavit filed in support of the application.

3. It is contended that the order dated 22.03.2022 passed by the District Commission was received by the petitioner on 25.07.2022. However, the petitioner was infected with Covid-19 pandemic and hence he was under medication for more than one month. Thereafter, he shifted his office and at that time, the order got misplaced. He applied for a certified copy of the order. Only after getting the certified copy, the above appeal was filed along with this application.

4. The sum and substance of the contention of the petitioner is that the order received by the petitioner was misplaced at the time of shifting his office and hence there occurred a delay of 445 days in filing the appeal.

5. Having gone through the reasons stated by the petitioner, we are of the considered view that the reasons stated by the petitioner are not sufficient to condone the long delay of 445 days in filing the appeal. That apart, it appears that there was gross negligence and want of due diligence on the part of the petitioner in this regard. In the said circumstances, we are not inclined to condone the delay in filing the appeal.

In the result, this application stands dismissed.

PRESIDENT JUSTICE B. SUDHEENDRA :

KUMAR AJITH KUMAR D. : JUDICIAL MEMBER K.R. RADHAKRISHNAN : MEMBER SL/jb KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No.765/2023 JUDGMENT DATED : 07.10.2025 (Against the order in C.C.No.284/2020 on the files of DCDRC, Alappuzha)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER APPELLANT:

Sachin V. John, Thanuvelil House, Pallarimangalam (P.O), Mavelikkara –

690 107, Alappuzha (by Adv. R. Lekha)

Vs.

RESPONDENTS:

1.

Flipkart represented by C.E.O, Kalyan Karishnamoothy, Flipkart Internet Private Ltd., Buildings Alyssa Begonia & Clove Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru – 560 103, Karnataka, India (By Adv. Shiby P.P.)

2.

The Brand Stand, represented by owner, 423 Basement, Bhera Enclave, Paschim Vihar, New Delhi – 110 087

3.

Tissot Company represented by