As per Mr. Atul D. Alshi, Hon’ble President.

1.             The complainant filed complaint case U/s 12 of Consumer Protection Act 1986 for refund of cost of WD My Passport 1 TB Portable External Hard Drive (Orange) alongwith interest and  compensation  and cost of litigation against cancellation of online product. 

2.               The complaint in short as under – The complainant ordered WD My Passport 1 TB Portable External Hard Drive (Orange) by paying online payment in full to OP who is engaged in business of selling goods online with e-commerce site. But the complainant didn’t received the order product within reasonable time and therefore the complainant requested to cancel the order and refund the amount. Therefore the OP agreed and cancel the order but failed to refund the cost of ordered goods. The complainant requested through e-mail to customer service department of OP. But OP refused to refund the cost of product. Therefore, the present complaint case is filed.

3.               The OP filed reply and denied allegations and submitted that as per agreement the dispute is exclusive treble within the jurisdiction of the courts at Delhi. The OP is neither having head office and branch office within the jurisdiction of the present commission. The OP is facilitator and having no control in any manner over transaction on site. The complainant’s demand in respect of refund of cost of product which is not manufactured, not sold by OP but was only delivered to the complainant, therefore the complainant is not consumer. The OP is e-commerce entity and cannot exercise ownership over the inventory, any warranty/guarantee of sold product and refund of cost of product is responsibility of seller. The OP submitted that the product was delivered to the complainant on 22.07.2018. However, the complainant contacted answering respondent requested to cancel the order on 29^th July 2018 and seeking refund as she didn’t like the product. But the answering respondent was not able to provide any further assistance to the complainant in getting the refund from the seller. Therefore complaint is baseless, frivolous and vexatious and deserved to be dismissed with cost.

4.               The counsel for the complainant argued that the product received by the complainant has been returned back within period of time but the OP even after several request and even after issuance of letters, not refunded the cost of product. The OP has taken spurious defense of absolve the liability, hence it amounts to deficiency of service.

5.               The counsel of OP argued that OP is facilitator and not manufacturer, seller of goods or product. Therefore, there is no nexus as consumer and service provider between the parties and having no territorial jurisdiction over the subject matter. The answering respondent was not  able to refund the cost of product in any case. Therefore, the case is liable to be dismissed with cost.

6.               After hearing of case the following points arose for consideration.

POINTS                                                    FINDINGS

1. Whether the complainant is consumer?                       Yes.
2. Whether there is deficiency in service on the part of OP?    Yes.  
3. What order?                                   As per final order.

                             REASONING

7.               Point No. 1 to 3 – The complainant placed online order through her registered account to purchase WD My Passport 1 TB Portable External Hard Drive (Orange) by online payment in full through ICICI bank to OP amounted Rs.3899/-. The complainant seeking refund of cost of product and the OP assured to refund it 2-3 days after when the package return to seller.  The copy of concern e-mail dtd.30.07.2018 is filed on Pg. No. 9. As per Consumer Protection Act when the seller or manufacturer could not traced out in that case the facilitator is liable to refund the cost of product. Therefore, the complaint’s case is partly allowed. OP is liable to refund the cost of product Rs.3899/- alongwith compensation of Rs.5,000/- and cost of litigation Rs.5,000/- to the complainant within 30 days from the date of receipt of copy of order. Hence, we pass the following order.  

ORDER

1.    The complaint is partly allowed.

2.   The OP is hereby directed to refund the cost of product Rs.3899/- to the complainant.

3.   The OP is further directed to pay compensation of Rs.5,000/- for mental agony and Rs.5,000/- towards cost of litigation to the complainant.

4.   Copy of the order shall be supplied to all the parties free of cost.

5.   The OP comply the above order within 30 days from the date of receipt of copy of order.