PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                             CONSUMER COMPLAINT NO. 95/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Prasanta Kumar Kar, Aged about 59 years,

S/O-Late Khageswar Kar,

R/O- Modipara, Near Pani Tanki, Ps-Town,

Dist-Sambalpur, Odisha-768002, Odisha.                     .……….......Complainant.

Vrs.

1. Amazon Seller Services Private Ltd. (ASSPL),

Brigade Gateway, 8^th Floor, 26/1, Dr. Raj Kumar Road, Malleshwaram(W), Bengaluru, Karnataka-560055, India

2. Proprietor, ACS Technology,

Killa No. 38//8/2 min, 192//22/1, 196//2/1, 37//15/1, 15/2, Adjacent to Starex School, Village-Binola, National Highway-8, Tehsil-Maneswar, Gurgaon, Harayana-122413 and Regd. Offi-ACS Technology, SCO-162, Sector-4, Huda Market Gurugram,

Gerugram-122001, Haryana, INDIA…...……….Opp. Parties

Counsels:-

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

Date of Filing:09.06.2023,Date of Hearing :12.12.2023,Date of Judgement : 30.01.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant placed an online order for laptop(Renewed Dell latitude E-5470 Intel Core i5 6^th Gen. HD Screen note Book Computer) with O.P. No.1, an e-commerce Company through O.P. no.2 vide order No. 403-1409718-9551548 dated 27.12.2022 for Rs. 19,474/-. The Product was delivered on 02.01.2023. After 4-5 months of use while working with laptop it turned up automatically although it was connected to main line through adaptor. A complaint was lodged online on 31.05.2023. O.P. No.1 acknowledged the message and intimated the customer care, who assured to touch within 6 hours. Till date no response has been given nor problem has been resolved. Hence this complaint.
2. The O.P. No.1 has been set ex-parte. The O.P. no.2 in its version submitted that this Commission has no territorial jurisdiction and complaint is not maintainable. No payment has been made to O.,P. No.2 in Sambalpur O.P. No.2 firm is based at Gurugaon. The Complainant purchased one renewed laptop vide invoice dated 28.12.2022 with warranty 6 months but no any complaint has been lodged to O.P. no.2. Only product can be repaired during warranty period. The Complainant is not entitled for any relief.
3. Perused the documents filed by the Complainant. The Complainant filed the order mail dated 27.12.2022. The O.Ps issued invoice No. HR-DEL-5-2093774465 2223 dated 28.12.2022 for Rs, 19,474.00 in favour of complaint. On 31.05.2023 a mail was given to O.P. no.1 that the device is not working. The O.P. No.1 replied customer service associate will be in touch with the Complainant within 6 hours. No any mail has been given to the O.P. No.2. The O.P. No.2, proprietor M/S ACS Technology, Gurugram after receipt of notice filed the version and not filed any documents.
4. From submission of parties it is clear that the O.P. no.1 is an e-commerce company and the O.P. No.2 is the seller. Although invoice dated 28.12.2022 has been issued by O.P. no.2, the liability has been denied. It amounts to unfair trade practice. No doubt, the complaint has been made through O.P. No.1 and it is not received by O.P. No.2 but after receipt of Commission notice the O.P. no.2 challanged the territorial jurisdiction of this Commission.

As the Complainant is resident of Sambalpur, transaction has been made through O.P. No.1 from Sambalpur as per Sec. 34(c) and (d) clause of the C.P.Act, 2019 this Commission has jurisdiction to entertain the complaint.

5. The O.P. No.2 after receipt of notice has not taken any step to resolve the matter rather challanged the jurisdiction which proves the deficiency in service. The O.P. No.2 has not provided any information to the Complainant about the repair of the laptop about the service provide. It proves the deficiency in service of O.P. No.2, for the inaction the Complainant could not use his laptop.
6. The O.P. No.1 company is an e-commerce company and as intermediary free from liability under the Information Technology Act, 2000.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The complaint is allowed on contest against O.P. No.2 and dismissed against O.P. no.1. The O.P. no.2 is directed to repair the laptop of the Complainant within one month of this order and deliver it with proper receipt. For deficiency in service and unfair trade practice the O.P. no.2 is directed to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 10,000/- to the Complainant. In case of non-repair of the laptop the O.P. no.2 shall refund Rs. 19,474/- with 7% interest w.e.f. 09.06.2023, from the date of filing of the complaint.

Order pronounced in the open court on 30^th day of Jan, 2023.

Supply free copies to the parties.