Case No. 141/2022   

IN THE MATTER OF

Harshit Chauhan s/o Shri S P Singh age about 24 years R/o 2/357B, ADA Colony Avantika -1 Ramghat Road Aligarh

                                           V/s

1. Amazon Seller services Pvt. Ltd, through authorized representative Reged. Office Bridge Gateway, 8^th floor 26/1 Dr. Raj Kumar Road Malleshwaram(W) Bangalore Karnataka                                       (Through: Advocate Dharmendra Kumar Pandey)
2. Keshiha services Pvt. Ltd. Reged. Office 319 Rastrapati Bhawan plot-3 Sector 10 Dwarika, Delhi 110075

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyaya, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1.  The Ops be directed to refund jointly or severally to the  complainant the cost of iPhone Rs.81330/ with interest @ 12% per annum from 25/4/2017 till the date of actual payment.  
2. The Ops be directed to pay jointly or severally to the complainant compensation Rs.50000/ for harassment and litigation expenses Rs.25000/ .

2.  Complainant stated that he had placed an order to the OP-1 on 24/4/2017 to purchase an iPhone 7plus 128 GB RED and paid its cost tax and shipping charges total Rs.81330/ to OP-2 vide invoice dated 25/4/2017 and received the product through parcel in packed box on 27/4/2017. It was found on opening the packet that the product was having scratches and its accessories were missing. OP-1 was complained by the complainant which was responded by OP-1 on 27/4/2017. OP-1 informed the complainant on 18/5/2017 that the seller (OP-2) had accepted the refund request of the complainant and complainant was asked to return the product at the address of OP-2 complainant booked the product on 19/5/2017 at Blue Dart courier Aligarh to deliver to OP-2 and paid charges Rs.2384/ and the product was delivered to OP-2 on 20/5/2017. OP-1 informed the complainant on 20/5/2017 that the product was delivered to OP-2 and OP-2 was asked to initiate the refund to the customer. On 27/6/2017, OP-1 informed the complainant that the OP-2 did not receive the product and asked to send the tracking no used to return the product. Complainant sent the courier booking receipt and receiving receipt to the OP-1 vide email dated 27/6/2017.Complainant had sent a notice dated 15/7/2017 to the OPS to pay compensation but no refund was paid and notice was wrongly replied. Complainant had sent another notice dated 2/2/2019 and demanded cost of product and damages but not paid. Complainant was wrongly advised to approach the permanent lok adalat and filed a PLA case no-80/2019 against the OPS which was withdrawn by the complainant on 25/2/2022 for want of knowledge of the jurisdiction and to institute the case before the consumer forum and case was withdrawn by order dated 25/2/2022. Complainant filed the case on the ground of condonation of delay U/S 69 (2) of the Act.
3. OPS were served with the notice on 18/7/2022 and the case was proceeded ex parte on 3/8/2022. OP-1 moved application to recall the order which was found not maintainable in view of law laid down in the ruling New India insurance company ltd vs. Hilli M. cold storage Pvt. ltd given by Ho’nble Supreme Court on 4/3/2020.
4. Complainant has filed his affidavit and papers in support of his pleadings. and the case has been proceeded ex parte against the OPS.
5. We have perused the material available on record and heard the complainant and counsel for OP-1.
6. The first question of consideration before us is whether the complainant is entitled to any relief.
7. Complainant has filed his affidavit to substantiate his pleadings and he has filed the invoice dated 25/4/2017, and copies of  emails of the conversations with the OPS and also the courier receipts of sending the product to the OP-2. There is no admissible pleading supported with affidavit and documents to rebut the case of the complainant and thus the complainant’s case stands proved and complainant is entitled for the reliefs claimed. The question is decided in affirmative in favor of the complainant.
8. We hereby direct the OPS to pay to the complainant the amount of Rs.   81330/ with pendente lite and future interest at the rate 12% per annum since 25/4/2017 till the date of actual payment and Rs. 25000/ compensation for harassment and litigation expanses Rs.10000/ . 
9. Op no 2  shall comply with the direction within 45 days failing which  shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
10.  A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11.  File be consigned to record room along with a copy of this judgment.