BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 671 of 2015
Date of Institution: 18.11.2015
Date of Decision: 3.05.2016
Anil Behal Son of Sh.Dev Raj Behal, resident of House No. 41-A, Guru Teg Bahadur Avenue, Near Anand Hospital D/s.Chatiwind Gate, Amritsar 143001, Punjab & Alternative correspondence Address M/s. Madhav Paints, Outside Gate Bhagtan Wala Amritsar Mobile No. 91 98036 30050
Complainant
Versus
- Amazon India through its CEO/Managing Director, 2nd Floor, Safina Tower Opposite to J.P.Techno Park No.3, Ali Asker Road, Bangalore PIN 560052
- Amazon India through its CEO/Managing Director Registered Office :-Brigade Gateway, 8th Floor, 26/1,Dr.Raj Kumar Road, Malleshwaram (W) Bangalore PIN 560055 INDIA
- Amazon Seller Services Private Limited through its CEO/managing Director Unit No.1,Khewat Khata No. 373/400 Mustatil No. 31, Village Taoru,Tehsil Taoru, District Mewat, Haryana on Bilsapur-Taoru Road, Mewat 122105
Opposite Party
Complaint under sections 11 & 12 of the Consumer Protection Act, 1986
Present: For the Complainant : Sh. Sanjeet Singh,Advocate
For the Opposite Parties : Ex-parte
Coram
Sh.S.S.Panesar, President
Ms.Kulwant Kaur Bajwa, Member
Sh.Anoop Sharma,Member
Order dictated by:
Sh.S.S. Panesar, President.
1. Anil Behal complainant has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986 on the allegations that the complainant had ordered with the opposite party online for purchase of a new mobile set model YU Yuerka Plus-Alabaster White vide order Id No. 402-8386343-7317926 on 11.8.2015 and the complainant received the said set on 13.8.2015 by making payment of Rs. 8999/- through credit card of HDFC Bank vide transaction No. POS 4363030403341027. Further it is pertinent to mention here that at the time of placing the order for the said product and during this period there was a company offer a cash discount policy 10% discount on direct online payment and 15% if payment is made through credit card of HDFC Bank only. As per their terms and conditions, the complainant used the credit card facility and was eligible for cash discount. The complainant received the said delivery on 13.8.2015. During the warranty period, the complainant opened the sealed packet box and found that the said set was not upto the complainant’s expectations whatever was displayed online. Within the limitation period the complainant reported the opposite party and the opposite party replied to the complainant that return the said product within 30 days and they will refund the cash amount within 10 days from the receipt of the returned product as per terms and conditions of the company. As per assurance, the complainant returned the said delivery through his delivery boy on 29.8.2015. But , however, despite receiving the delivery of the said product, the opposite parties have failed to refund the price , to the complainant. The complainant also made a number of telephonic calls to the opposite party. But, however, the opposite party did not give any satisfactory reply. Even the customer care team has no clue about the whereabouts of the said product in question and they keep telling the complainant that opposite parties have escalated the matter and refund price will be returned very shortly. As per terms and conditions of the return policies, the opposite party is bound to refund the cash amount to the complainant within 10 days. But the opposite party itself has violated the terms and conditions of the return policy. The complainant has made the following prayer vide instant complaint:-
(a) That the opposite party be directed to refund the cost of Rs. 8999/- being the price of the mobile set alongwith interest there at the rate of 12% per annum from the date of returned delivery received by the opposite party to date of realization.
(b) To pay Rs. 15000/- as compensation on account of deficiency in service, unfair trade practice and causing mental agony and harassment and Rs. 5000/- as cost of litigation expenses.
Hence, this complaint.
2. Upon notice, despite due service, none of the opposite parties put in appearance to contest the complaint, as such opposite parties No.1,2 & 3 were ordered to be proceeded against ex-parte.
3. In his bid to prove the case Sh.Sanjeet Singh, Adv.counsel for the complainant tendered affidavit of Anil Behal Ex.C-1 in support of the allegations made in the complaint alongwith documents Ex.C-2 to Ex.C-7 and closed the evidence on behalf of the complainant.
4. We have heard the ld.counsel for the complainant and have carefully gone through the record on the file.
5. The oral evidence as well as documentary evidence adduced by the complainant in support of his case has gone unrebutted on record. It is proved on record that the complainant applied for online order for purchase of mobile set model YU Yuerka Plus-Alabaster White on 11.8.2015 for an amount of Rs. 8999/-. However, the consignment of the mobile hand set when received, was found by the complainant not performing to the model for which the order was booked. As per policy of the opposite parties, the complainant returned the mobile hand set in dispute vide return slip Ex.C-2 dated 29.8.2015. As per policy of the opposite parties, the refund of the sale price of the mobile handset in dispute was required to be made to the complainant within 10 days of the receipt of the returned article. But,however, till date the opposite parties have failed to refund the sale price amounting to Rs. 8999/- . The complainant made several requests orally as well as online. But the opposite parties have failed to pay any heed to the request of the complainant. As such the opposite parties are guilty of deficiency in service and the complainant is entitled to refund of the sale price of the mobile hand set in dispute.
6. Consequently instant complaint succeeds and the opposite parties are directed to refund the amount of Rs. 8999/- alongwith interest @ 9% p.a from the date of filing of the complaint until full and final recovery. The complaint stands allowed ex-parte accordingly. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 3.05.2016
/R/ ( S.S.Panesar )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
Member Member
