Orissa

Jagatsinghapur

CC/5/2022

Inamul Haque kazi - Complainant(s)

Versus

Amazon India Pvt Ltd. - Opp.Party(s)

In Person

19 Aug 2022

ORDER

                                                                                        JUDGMENT

 

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking the following reliefs:

            “Direct the opposite party to refund my amount of Rs.20,999/- with damages of Rs.2,00,000/- for mental agony and harassment”.

            The brief facts of the case of the complainant is that, the complainant order a product “Power Max Fitness TD-M1 2HP (4HP Peak) Pre-installed Motorized Steel Treadmill” with online payment of Rs.20,999/- on 11.11.2021 which was conformed by the opposite party on the same day and expected date of delivery was in between 13 to 16 Nov. 2021 but the same was not decline by opposite party for which complainant inquired on 22.11.2021 on next date i.e. 23.11.2021 reply was received from Amazon i.e. opposite party to wait for three working days, but again it was not delivered. For which again reminder was give on 30.11.2021 and 02.12.2021 to expedite delivery process. On 03.12.2021 and 07.12.2021 the opposite party again asked to wait three more days and on 09.12.2021 reply was received from opposite party as follows;

            “Hello Inamul, I am Kaushik from Amazon Leadership Team. This email is with regards to your “Power Max Fitness TD-M1 2HP (4HP Peak) Pre-installed Motorized Steel Treadmill, Home Use & Semi Automatic Lubrication (Black)”. I understand that this shipment was scheduled to be delivered by 16 November 2021. However, upon checking the tracking status, I can see that there is no update since 11^th Nov. 2021. It seems that the item is potentially lost in transit. We have the option to initiate the refund for the order. However, as per our conversation, you haven’t approved for the refund.”

            The opposite party has asked the complainant to initiate refund proceeding but the complainant has not been accepted the same. The complainant has not been accepted the same. The complainant has deposited Rs.20,999/-  through online payment on 11.11.2021. As such the amount of Rs.20,999/- has kept pending with opposite party since 11.11.2021 and the opposite party has asked the complainant to take refund on 09.12.2021. The complainant has placed order for the product by paying Rs.20,999/- as such he is entitled to get the product on the same price.

            The opposite party has not entered his appearance though the notice was issued by Regd. Post on 13.4.2022. The opposite party was set ex-parte on 15.7.2022.

            Since the opposite party has not appeared and the complainant has prayed to refund his amount with demand, we direct the opposite party as under and give option to complainant to accept any one of the order as per his choice.

            The opposite party is directed to refund the amount of Rs.20,999/- with 18% interest per annum from the date of deposit till the date of payment and compensation of Rs.4,000/- towards mental agony or the respondents shall give the Power Max Fitness TD-M1 2HP (4HP Peak) Pre-installed Motorized Steel Treadmill on the same price of Rs.20,999/-, which the complainant has already paid and pay compensation of Rs.4,000/-. The choice lies with the complainant, he may opt any one of them which is more beneficiary to him. This order is to be carried out within 45 days from the date of receipt of order. The complainant shall send the copy of this order to opposite party and  give his choice and there after the order has to be carried out by the opposite party. With aforesaid observation and direction the consumer complaint is disposed of. No cost.

 

            Pronounced in the open Commission on this 19^th August, 2022