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 Realme Mobile Phone from Amazon India Pvt Ltd of amount Rs.16,189/- on 18.03.2022 and the same was delivered on 19/03/2022. But unfortunately a Realme Powerbank had been delivered instead of his ordered item mobile phone by Amazon.

Complainant lodged a complaint to the customer care and they had arranged a verification process for five days to sort out the matter.  After five days, they agreed to refund him Rs.16,189/- for delivering the wrong item and arranged a pick up on 26.03.2022.  Pick up was successfully done and Amazon confirmed him that once it will reach their hub, refund will be processed.

Unfortunately, even after reaching the wrong item to hub, they denied to process refund and his Amazon account was closed without any intimation/valid reason to him. Then complainant lodged a complaint in National Consumer Helpline on 29.03.2022 and his complaint was forwarded to Amazon.  In reply from National Consumer Helpline, Amazon claimed that his account was closed for violating their terms and policy. Petitioner gave Rs.16,189/- and which was duly acknowledged by the OP. 

OP neither delivered his product nor had issued refund of his paid money of Rs.16,189/-. 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 his evidence on affidavit and also the documents i.e. complaint by petitioner to NCH dated 05.04.2022. One letter was sent through e-mail dated 26.04.2022 where the petitioner ordered a Realme mobile phone. OP admitted the amount having been paid to Amazon by the petitioner but had delivered the Realme Power bank instead of Realme Mobile Phone and failed to 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 he suffered at the hand of the OPs and OPs are liable to refund the amount of Rs.16,189/-.

We think considering the materials on record, petitioner is entitled to get refund of the said amount(Rs.16,189/-) along with interest @9% p.a. from the date of delivery of the Realme mobile phone 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.16,189/- 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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