Smt. Sangita Paul, Member
This is a case filed by Smt. Gouri Banerjee of Garia Station Road, Kolkata- 700 084 against Amazon of Bangalore – 560 055 and Ananya Infotel of Shyambazar – 700 003 with a prayer to look into the matter and give her justice.
OP No.1 is Amazon. The address is 8th Floor, Brigade Gatewaym 26/1, Dr. Rajkumar Road, Bangalore, Karnataka-560 055.
OP No.2 is Ananya Infotel, 17 Girish Avenue Road opposite UBI Bank, Shyambazar, Pin – 700 003.
The complainant by filing this case states that she purchased a Blackberry PRIV, Smart Phone with IMEI No.3516-24071498481 from her Amazon account on 05.02.2018. As per norms, she was supposed to get 1 year warranty for any technical issue excluding any physical damage. But she was denied the service within the warranty period from authorized service centre of Blackberry Branch in Kolkata viz Ananya Infotel.
The complainant states that when she reported the matter to Amazon, they suggested the complainant to contact with the blackberry. The complainant did that. But they also rejected the service. Complainant fell in problem. The Blackberry rejected the service because the sale of that particular model was closed at that time, so it was not present in their sale software, viz. Optimums. The view of OP No.2 is also same.
To verify the statement that the sale of the particular model was closed, complainant sent all the documents to Amazon. The papers were accepted by the Amazon (OP No.1), OP No.1 supported the complainant’s stand. OP No.1 admitted that the complainant had been suffering for long period of time. Complainant wanted the service within the warranty period. Complainant also states that since then the Amazon kept on increasing the deadline for resolution from their side. Complainant states that she has been cheated. Complainant filed this case for getting proper relief as sought for in the petition of complaint.
The cause of action of the complaint case started on and from 05.02.2018 and is still continuing.
The address of complainant is very much within the jurisdiction of the Learned Forum.
In the above facts and circumstances, complainant prays for directing the OP No.1 to pay Rs10,000/- for litigation cost, to refund Rs.18,000/- with S.I. @ 10% p.a. w.e.f. 05.02.2018 till realization, to pay compensation to the tune of Rs.20,000/- to the complainant for harassment, mental agony and pain caused to complainant.
OP No.2 in the written version denies all the allegations leveled against him.
OP No.2 states that he is not the authorized dealer of Blackberry Smart Phone, the IMEI No. of which is 351624071498481.
OP No.2 states that complainant implicated him falsely to fulfil her illegal demand.
OP No.2 prays for releasing him from this case.
The instant complaint was filed on 14.11.2019. The complaint case was admitted on 05.12.2019. On 06.01.2020, complainant states that notices were duly served upon the OPs. On 05.02.2020, OP No.2 appeared, but OP No.1 was absent on 25.02.2020. On 12.03.2020, the case proceeded exparte against OP No.1, because OP No.1 did not enter appearance. On 20.01.2021, evidence on affidavit is filed by complainant. On 01.10.2021 complainant was directed to add manufacturer as party. On 10.02.2022 OP No.1 files a petition for filing W/V. On 21.03.2022, no W/V was filed by the OPs. No party is added by complainant. On 21.04.2022, no W/V was filed by OP No.1. On 12.08.2022, complainant was present. Argument was heard and we proceeded for giving judgement.
Points of Consideration
01.Is the complainant, a consumer?
02.Are the OPs guilty of deficiency in service and unfair trade practice?
03.Is the complainant entitled to get relief as prayed for?
Decision with Reasons :-
01. On perusal of records and documents, it appears that complainant purchased a blackberry PRV Smart Phone with IMEI No.351624071498481b from Amazon. The phone was sold by Next Gen. After the order was placed, the Smart Phone was delivered to 4 sight prestige Garia Station Road. Invoice Number was In 4409. The date of invoice was 05.02.2018. Invoice details is 506959765-1718 Order Number is 407-2708702-6661925. The phone was ordered on 05.02.2018.
The price of the phone was Rs.18,000/- only. Complainant paid Rs.18,000/- only. The unit price of Blackberry PRIV Smart Phone Black BO16J1A3H8 was Rs.15,254.24. This is the Net amount. 18% tax was imposed, the Tax Amount was Rs.2745.76 and the total amount was Rs.18,000/- only. Complainant got 1 year warranty regarding technical issue excluding only physical damage. Complainant’s phone started giving problem, within the warranty period. Complainant fell in trouble.
Complainant was not prepared for that. It was hard to understand for complainant as to what to do next. As complainant spent Rs.18,000/- for purchasing Blackberry PRIV Smart Phone, he is a consumer u/s 2(7) of Consumer Protection Act, 2019. So, the first point is settled in favour of complainant.
02. The complainant purchased the mobile phone from her Amazon account. As complainant’s phone started to give trouble, she contacted with the Amazon. Amazon responded but could hardly help the complainant. Complainant also contacted with the Next Gen, who is the seller, but with no effect. As the smart phone was purchased through her Amazon account, she informed Amazon. The complainant also informed OP No.2, Ananya Infotel. Complainant received Smart Phone at her doorstep. The Smart Phone was sold by Optiemus, through the platform of Amazon Optiemus informed that it was not a valid sale from Optiemus for which, complainant is not responsible when an article is sold through Amazon, it is the duty of OP No.1 to deliver the right thing to the right person. In this case, complainant has been deprived. On 244.01.2019, a personnel named Priyankas assured complainant that they would assist complainant. They also informed that they would help complainant so that complainant would get the refund. Several communications were made on 25.01.2019, 27.01.2019, 04.02.2019, 05.02.2019, 09.02.2019, 19.02.2019, 22.02.2022. OP No.1 stated in the e-mails that they would try their best to solve he complainant’s problem because complainant is the customer, but with no result. All these activities tantamount to deficiency in service and unfair trade practice. Complainant paid in full, but she could not use the phone due to unfair trade practice of the OPs. Complainant also informed OP No.2. OP No.2 could not help the complainant in this regard. They informed that they are unable to make the job sheet of the mentioned device. OP No.2 carried out the instruction from higher authority and informed that they were unable to provide support for that handset which had no authorized IMEI. OP No.1 also informed on 17.01.2019 that IMEI 351624671498481 does not exist in their database. Complainant is totally ignorant of all these technicalities. When she wants service within warranty period, she fell in problem. Complainant was not ready for all these inconvenience she had to bare with the problem for unfair trade practice and deficiency in service adopted by the OPs. Hence the second point is decided in favour of the complainant and against the OPs.
03. Complainant purchased the phone by paying Rs.18,000/- only. Complainant produced money receipt and wanted a service within the warrantee period. Complainant was denied the service. She could not use the phone. The money spent for purchasing the Smart Phone went in vain. The OPs 1 & 2 could not help complainant in this regard though complainant purchased the mobile phone from the Op No.1 they could not help her. OP No.1 admitted in the e-mail that they would help complainant so that she could get the refund. As the IMEI does not exists in their data base of Black Berry, OP No.2 being the service centre of Blackberry, could not help the complainant. The problem of complainant was not solved. OPs cited their problem, but they are unable to answer why such phone was sold. Complainant spends time in mental agony. Neither she got refund, nor she received proper service. Hence, the complainant is entitled to get relief as prayed for. Hence, the 3rd point is decided in favour of complainant and against the OPs.
In the result, the complaint case succeeds.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed exparte against the OP No. 1 and is allowed on contest against OP No.2 with cost of Rs.10,000/-.
That the OP No.1 is directed to refund Rs.18,000/- (Rupees Eighteen thousand) with simple interest @10% per annum to the complainant w.e.f. 05.02.2018 till realization within 60 days from the date of this order.
That the OP Nos.1 & 2 jointly or severally are liable and directed to pay compensation to the tune to Rs.20,000/- (Rupees twenty thousand) to the complainant for mental agony and harassment within 60 days from the date of this order.
That the litigation cost of Rs.10,000/- (Rupees ten thousand) only is to be paid by the OPs 1 & 2 within 60 days from the date of this order.
That the complainant is at liberty to put the order into execution if the orders are not complied with within 60 days from the date of this order.
Let a copy of the order be supplied to the parties concerned free of cost.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
(Sangita Paul)
Member
