Haryana

Fatehabad

CC/65/2022

Vishal Kumar - Complainant(s)

Versus

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

Ankush Bansal

04 Dec 2023

ORDER

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL COMMISSION; FATEHABAD.

Complaint No.65 of 2022.

Date of Instt.:17.02.202.

Date of Decision: 04.12.2023.

Vishal Kumar Anand @ Aayush s/o Sh.Vijay Kumar r/o M.C.Colony, Fatehabad.

..Complainant

     Versus

1. Amazon India Pvt. Ltd. Brigade Gateway, 8^th Floor, 26/1 Dr.Raj Kumar Road, Malleshwaram (W), Bangalore-560055, Karnataka, India.
2. Gaymond Auto Control Cables, 342, Raj Imperia Vraj Chowk, Simada Road Sarthana Jakatnaka Surat Gujrat. (GIVEN UP)

 

..Opposite Parties.

Before:        Sh.Rajbir Singh, President.

                   Smt.Harisha Mehta, Member.                                                         DR.K.S.Niranaia, Member.  

 

Present:       Sh.Ankush Bansal, Advocate for the complainant.

                   OP No.2 given up VOD 24.02.2023.                                                          OP No.1 exparte VOD 29.04.2022.

                  

 

ORDER

Smt.Harisha Mehta, Member

                   Brief facts of the present complaint are that the complainant purchased two dresses articles named as Gaymond Women’s White Georgette Semi Stitched Anarkali Salwar Suit (Anarkali-Gown-Salwar-Suit-White) on 19.10.2021 by placing an online order with Op No.2 vide invoice No.IN-97 (invoice Details: GJ-1531960995-2122) for a sum of Rs.59970/- (Rs.29,985/- each); that the articles were received by the complainant within specified time; that there were some issues in size and fitting, therefore the complainant initiated return process; that courier agent of the Op No.1 received the dressed as per returned pick up schedule on 09.11.2021 vide tracking ID 513051624830; that the return was confirmed by Op No.1 and return process were initiated; that the complainant waited for long time for the refund of the amount of Rs.59970/- and kept on contacted the Op No.1 time and again but till today the amount has not been received by the complainant. The act and conduct of the Op No.1 clearly amounts to deficiency in service and unfair trade practice on its part. In evidence, the complainant has tendered his affidavit as Annexure Ex.CW1/A and documents as Annexure C1 to Annexure C7.

2.                Notices were sent to the Ops through registered post but none appeared on behalf of Op No.1, therefore, it was proceeded against exparte vide order dated 29.04.2022. Learned counsel for the complainant vide his separate statement recorded on 24.02.2023 gave up Op No.2 being unnecessary.

3.                We have heard the complainant and have gone through the case file carefully.

4.                Vide Annexure C1, the complainant had purchased two suits from Op No.1 for a sum of Rs.59970/-, which was made vide Annexure C5. The suits, allegedly purchased by the complainant, were returned to the OP No.1 vide return request Annexure C2 and the same were picked up by the Op No.1 vide Annexure C6.  The grievance of the complainant is that despite returning the products in question and lodging request with Op no.1 (Vide Annexure C7), the Op No.1 did not refund the money. The complainant has placed on file his affidavit as Ex.CW1/A wherein he has testified all the facts so set out by him in his complaint. 

5.                Since the pleadings and contentions put forth by the complainant remained unrebutted as the Op No.1 did not join the proceedings of the case and opted to remain exparte, therefore, we have no hitch to reach at a conclusion that the present complaint deserves acceptance. Hence, the present complaint is allowed.

6.                Keeping in view all the facts and circumstances mentioned above, we allow this complaint and direct the OP No.1 to refund the price of two suits i.e. Rs.59,970/-/- as mentioned in invoice Annexure C3 alongwith interest @ 6 % per annum from the date of filing of complaint till its realization.  The Op No.1 is further directed to pay a sum of Rs.21,000/- in lump sum on account of mental agony, harassment and cost of litigation.  The order be complied with within 45 days, failing which the awarded amount would carry interest @ 9 % per annum from the date of filing of the complaint till its realization.

7.                In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                            Dated: 04.12.2023

 

         

 

          (K.S.Nirania)        (Harisha Mehta)              (Rajbir Singh)                

Member                  Member                             President