Chandigarh

DF-I

CC/308/2021

Ms. Smriti Gupta - Complainant(s)

Versus

Amazon India Ltd - Opp.Party(s)

Kshitij Sharma

31 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/308/2021
Date of Institution	:	10/05/2021
Date of Decision	:	31/07/2023

 

Smriti Gupta, aged 30 years, D/o Mr.Rajeev Gupta, R/o House No.753, Sector 8-B, Chandigarh.

… Complainant

V E R S U S

1. Amazon Seller Services Pvt. Ltd., through its Chief Executive Officer/Authorized Representative, Brigade Gateway, 8^th Floor, 26/1, Dr.Raj Kumar Road, Malleshwaram (W), Banglore-560055, Karnataka, India.
2. Malisetty Praneeth, 403, Plot No.2, Nakshatras East Emerald, Hydernagar, Kukatpally, Hyderabad, Telangana-500072.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Ms.Tamanna, Vice Counsel for Sh.Kshitij Sharma, Counsel for Complainant.
	:	None for OP No.1.
	:	OP No.2 ex-parte.

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant had purchased the goods i.e., “Lakanto Golden Sweetener All Natural Sugar Substitute 235G829 2 Pack”. The unit price was Rs.3238.10/-, and the total amount was Rs.3400/-. The goods were dispatched on 13.04.2021 (Annexure C-1). The complainant has also secured the details on the official website and secured details about the GST number (Annexure C-3). Thereafter, the complainant was waiting for the delivery of the goods, as ordered through the tax invoice/bill of supply/cash memo dated 11.04.2021 (Annexure C-2), but the same was not delivered. After that, when the complainant checked the delivery status on the website of OP No.1, the delivery status was wrongly reflected as delivered on 15^th April (Annexure C-4). The complainant also checked details as well, which reflected/falsely claimed that the order was shipped on 13.04.2021 and thereafter on 15.04.2021. In fact, no such delivery of the order as placed by the complainant has ever been made. The complainant even called the customer care of OP No.1 and explained the entire matter but to no avail. The OP No.1 did not give any straight answer and rather, simply stated that the 10 days period is over, and hence the grievance of the complainant cannot be addressed. Hence is the present consumer complaint.
2.     OP No.1 contested the consumer complaint, filed its written statement and stated that the complainant has not impleaded the courier company as a party to the instant complaint. It is submitted that the courier company is the correct entity to address the grievances of the complainant and not ASSPL. It is also submitted that the said product was packed, shipped and delivered by the independent third-party seller i.e., OP No.2 to the total exclusion of ASSPL. It is further submitted that the subject matter of the dispute pertains to the alleged non-delivery of the product purchased by the complainant. It is submitted that the product was sold to the complainant by the Independent third-party seller i.e., Malisetty Praneeth (OP No.2), and the consideration for the same was received by the Independent third-party seller i.e., OP No.2, to the exclusion of ASSPL. It is alleged by the complainant that the product was never delivered to the complainant. However, the tracking report clearly shows/evidence that the product was delivered to the complainant on 15.04.2021. On these lines, the case is sought to be defended by OP No.1.
3.     Notice of the complaint was sent to OP No.2 seeking its version of the case. However, nobody appeared on behalf of OP No.2 despite following proper procedure, therefore it was proceeded ex-parte on 28.06.2022.
4.     Rejoinder on behalf of complainant not filed despite of the opportunity given. Hence, opportunity to file rejoinder was closed vide order dated 01.05.2023 by order of this Commission.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsel for the complainant and gone through the record of the case.
7.     OP No.1 has taken a stand vide page No.13 of reply of OP No.1 para IV, in their reply that the subject matter of the dispute pertains to the alleged non-delivery of the product purchased by the complainant. It is submitted that the product was sold to the complainant by the Independent third-party seller i.e., Malisetty Praneeth (OP No.2), and the consideration for the same was received by the Independent third-party seller i.e., OP No.2, to the exclusion of ASSPL. It is alleged by the complainant that the product was never delivered to the complainant. However, the tracking report clearly shows/evidence that the product was delivered to the complainant on 15.04.2021. However, as per complainant, the said item has not been received by him.
8.     Significantly, OP No.2 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OP No.2 draws an adverse inference against it. The non-appearance of the OP No.2 shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP No.2 is directed as under :-

1. to refund an amount of ₹3400/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization.
2. to pay an amount of ₹3000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹3000/- to the complainant as costs of litigation.

10.     Since no deficiency in service or unfair trade practice has been proved against OP No.1, therefore, the consumer complaint qua it stands dismissed with no order as to costs.
11.     This order be complied with by the OP No.2 within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
31/07/2023			[Pawanjit Singh]
Ls			President
			Sd/
			[Suresh Kumar Sardana]
			Member