DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                                              CONSUMER  COMPLAINT  CASE NO. 01 OF 2017

Ashis Kumar Patel (33 Years),

S/O: Dibya Shankar Patel,

C/O. Lalit Kumar Patel,

Behind Bharat Petrol Pump,Beheramal,

PO- Industrial Estate, PS/Dist-Jharsuguda, Odisha,………….………. Complainant.

                                           Versus 

1. Amazon Seller Services Private Limited,

Bridge Gateway, 8^th Floor 26/1,

Dr. Rajkumar Road, Malleshwaram (W),

Bangalore- 560055.

2. Managing Director,

Seller Services Pvt. Ltd,.

C/O- TCI Supply Chain Solutions, Khasra No.- 4/21,

Gurgaon- Patua, Jhund Saria Viran Village,

Farukkhnagar Post,Gurgaon, Haryana – 123506.

3. Blue Dart Express Ltd.,

R.K. Associated,

Sahu Building, Beheramal,

PO- Industrial Estate,

PS/ Dist- Jharsuguda- 768203 (Odisha).

4. Cloudtail India Pvt. Ltd.,

C/O- TCI Supply Chain Solutions,

Khasra No. 4/21, Gurgaon, Pataudi Road,

Jhundsarai, Viran Village, Farukh Nagar Post,

Gurgaon, Haryana – 122505.……….….………..........................Opp. Parties.

Counsel for the Parties:-

For the Complainant                                  Sri R. K. Dash, Adv.& Associates.

For the Opp. Party No.1                              Sri Dayanand Singh, Adv. & Associates.

For the Opp. Party No.2                              None (Ex-Parte).

For the Opp. Party No.3                              Sangita Singh, Adv. & Associates.

For the Opp. Party No.4                              None (Ex-Parte).

Date of Order: 18.12.2017

Present

                                                                       1. Shri Sundar Lal Behera, President.

                                                                      2. Shri Santosh Kumar Ojha, Member.

                                                                     3. Smt. Anamika Nanda, Member (W).

Shri Sundarlal Behera, President:- The complainant purchased one LG Full HD LED TV (43 inches)  by paying Rs.34,635/- only through online purchase by placing order  to O.P No.1 vide order ID No. 171-2801222 4714754 on dtd. 17.07.2016. The O.P.No.1 send the said product through courier service. After reopening the packet the said TV found in broken condition. The complainant, as per the direction / instruction of the O.P No.1 returned back the said TV through courier service on dtd.30.07.2016. But till date the complainant has not received the refund money from the O.Ps. The complainant contacted several times with the O.Ps but no result. Hence this case.

The O.P No.1 and 3 appeared and filed their written version through their respective counsels after being noticed from this forum. The O.P No.2 and 4 kept silent and stand Ex-Parte after being providing sufficient opportunities. The O.P No.3 contended that there is no any allegation against them as per the complaint petition. The complainant has no any transaction with the O.P.No.3. The O.P.No.1 submitted that the complainant has purchased the article through a third party. The O.P.No.1 is an online market place where independent third party seller have listed their products for sale. The O.P No.1 further submitted that the refund policy can only be issued when the product is received back at the facilitation Centre. The complainant has send the product through Blue Dart courier vide Tracking No. 69371804471 but same is invalid. The O.Ps denied on any deficiency in service and prayed for the case to be dismissed.

The matter heard from the parties and gone thoroughly on the case record including materials available. After opening the packet the complainant found that the T.V which he has purchased by placing online order was in broken condition and as per the advice of O.P.No.1 has sent through Blue Dart Express Limited (O.P.No.3).  The O.P.No.3 received the product and issued one acknowledgement bearing No. 69371804471 dtd.30.07.2016.  The said product was delivered by the O.P.No.3 at the address provided by O.P. No.1 on dtd. 11.08.2016 which was received one Vikram Bhai. After receiving by the O.P No.1 the O.P.No.1 did not return the price of said T.V to the complainant yet.

In the above observations the O.P.No.1 is found to be deficient in his service, hence the complaint petition is allowed.

ORDER

The O.P.No. 1 is directed to pay a sum of Rs.34,635/- ( Rupees thirty four thousand six hundred thirty five) only to the complainant towards the price of Television and also pay Rs.5,000/- ( Rupees five thousand) only to the complainant towards mental agony, harassment including cost within 30 (thirty) days from the date of receipt of this order failing which interest will be charged @ 10% per annum on above awarded amount till its realization.  

Accordingly the present case is disposed of.

Order pronounced in the open court today on this the 18^th day of December’ 2017. Free copy of this order shall be communicated to the parties as per Rule.

I Agree.                                             I Agree.                                                                        

A.Nanda, Member (W)                  S.K.Ojha, Member                  S. L. Behera, President                                 

                                                Dictated and corrected by me,

                                         S. L. Behera, President