PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 224/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Anshuman Mishra,

At-BasantaNivas, Near Hanuman Mandir,

A.N.Guha Lane, Sambalpur-768001,Odisha, India          

Mob No. 7978009964.                                        ……………..Complainant

Vrs

1. Amazon .In, Amazon India Retail Pvt. Ltd.

Ground Floor, Eros Plaza Eros Corporate Center,

 Nehru Place, New Delhi, South Delhi-110019, Delhi.

2. CWC Sales Private Limited,

*127A, Narkeldanga Main Road, Ground Floor,

Kolkata West Bengal, 700054, India

Cont.No. 8100212453..……….....Opp.Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.No.1                :- Sri. A.K. Agrawal & Associates
3. For the O.P. No.2                           :- Ex-parte

Date of Filing:25.07.2024,  Date of Hearing :04.11.2024  Date of Judgement : 26.11.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant ordered a golden watch of Carlington brand from the OP No. 1 on dtd. 19.07.2024. The said product got delivered on dtd. 22.07.2024. After delivery of the product, it was found to be not a golden watch but it was found to be partly silver and partly golden.  After that the Complainant placed a return request to the OPs website and the return request was accepted by Amazon.in for which it had intimated on dtd. 22.07.2024 through email that “we’ve accepted your return request. Once we receive the item below, we’ll issue your refund”. But no one came to pick up the product on due date. Thereafter the OPs, were contacted but they did not take any step. Hence, this case.
2. The Version of the OP No. 1 is that the OP No. 1 is a website and not a legal entity and been incorrectly made an OP in the present case. In the present case, the OP No. 1 is not the correct entity. The Op No. 1 has no role to play in the subject matter of this case because OP No. 1 neither interacts with the users of the platform nor it is involved in the operating of the e-commerce Marketplace. The platform through which the Complainant placed the order for the product is owned and operated by ASSPL a company incorporated under the erstwhile Companies Act, 1956. ASSPL is involved in the e-commerce business and operates and manages e-commerce marketplace wherein multiple sellers list their products for buyers to place orders which get delivered to the buyers directly. ASSPL is a leading Marketplace that provides a platform for buyers and sellers to carry out sales and purchases of various categories of goods. The OP No. 2 is one “CWC Sales Private Limited”, is a seller registered on the ASSPL’s e-commerce Marketplace and is engaged in the business of selling electronics like smart watches, gadgets etc. There is absolutely no relation between OP NO. 1 and 2 in this case.
3. After going through the records, evidences and submission of parties, it is observed that the OP is misleading the consumers by way of false description, expression and deliberately supply different product and when request made for cancellation of the said product remain silent. The OP No. 2 who is the actual seller of the product, has not taken proper step to return back the product. So, the OP No. 2 is deficient in service and unfair trade practice. In the other hand, the OP No. 1 has no role in this case. Hence the O.P No. 2 is liable for compensation to the Complainant.

                             ORDER

The O.P No.2 is directed to pay Rs. 15,000/- towards deficiency in service as Compensation and Rs. 5,000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 2^nd day of Dec, 2024.

Free copies of this order to the parties are supplied.