Date of Filing : 02/08/2022

Date of Judgement : 22/10/2024

Smt. Monihar Begum, Hon’ble President in Charge.

BRIEF FACTS

The petitioner had made an order a Bluetooth Headphone from Amazon India Pvt Ltd amounting Rs.4,999/- on 18.03.2022 and the same was delivered on 19/03/2022.  But unfortunately no item was delivered to the petitioner by Amazon.

When the petitioner tried to track her order in Amazon App, she found her Amazon Account was closed without any intimation to her and also no refund had been issued against non delivery of ordered product.

Instantly petitioner lodged complaint to National Consumer Helpline on 02.04.2022 and her complaint was forwarded to Amazon.  In reply from National Consumer Helpline, Amazon claimed that her account was closed due to violation of their terms and policy.  Petitioner gave Rs.4,999/- and which was duly acknowledged by the OP. 

OP neither delivered her product nor have issued refund of her paid money of Rs.4,999/-.  The said act and conduct of the OP amounts to unfair trade practice. 

OP did not contest the case by filing written version.

Point of consideration is whether the petitioner is entitled to any relief(s).

FINDINGS

Petitioner produced her evidence on affidavit and also the documents i.e. authorization letter. One letter was sent through e-mail dated 01.05.2022, complaint by petitioner to NCH dated 02.04.2022, where the petitioner ordered a Bluetooth Headphone, the petitioner stated all the facts.  OP admitted the amount having been paid to Amazon by the petitioner but they had failed to deliver the product and refund of the said amount.

Petitioner claimed refund of the said amount from the OP in this case.

Accordingly, we are of the view that there are sufficient materials on behalf of the complainant to establish that she suffered at the hand of the Opposite Parties and OPs are liable to refund the amount of Rs.4,999/-

We think considering the materials on record, petitioner is entitled to get refund of the said amount(Rs.4999/-) along with interest @9% p.a. from the date of delivery of the Bluetooth Headphone i.e. 19.03.2022.  No cost as to consideration since compensation is being paid by way of interest and Rs.3,000/- for litigation cost. OP is liable to pay the said amount.

Accordingly it is

ORDERED

The instant complaint case is allowed exparte against the OP.

OP is liable to pay the entire amount.

OP is hereby directed to pay the amount of Rs.4,999/- along with interest @9% p.a. from the date 19.03.2022 to the petitioner within 45 days from the date of this order.

OP is also directed to pay Rs.3,000/- towards litigation cost to the petitioner also  within the said period.

The aforesaid payment shall be made by the OP within 45 days from the date of this order failing which the petitioner shall be at liberty to proceed in accordance with law.

Directed and corrected by me

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