Haryana

Karnal

CC/8/2021

Deepak - Complainant(s)

Versus

Amazon India - Opp.Party(s)

Amit Sachdeva

10 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 08 of 2021

                                                        Date of instt.07.01.2021

                                                        Date of Decision:09.06.2022

 

Deepak son of Dal Chand resident of house no.3663 Bhim Nagar Sadar Bazar Karnal-132001, Haryana contact no.9991385497.

 

                                               …….Complainant.

                                              Versus

 

Amazon India (online shopping site) Registered office at 26/1 Brigade Gateway 8^th floor 26/1 Dr. Raj Kumar road Malleshwaram (W) Banglore-560055 Karnataka (India)

 

                                                                        …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary….Member

 

 Argued by: Shri Amit Sachdeva, counsel for complainant.

                    Shri Dheeraj Sachdeva, counsel for opposite party

    (defence struck off, vide order dated 07.03.2022).

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant saw the advertisements on the shopping site of OP. On the said site of OP, it was shown that the body warmers made of Oswal Company is a reputed brand and the said warmers of the company are one of the best in the class. Under the influence and as per the quality claimed by the OP, the complainant placed an order for purchase of a body warmer on 24.12.2020 made of Oswal company i.e. Oswal JBI Body warmer Dark Gray (upper) amounting to Rs.698/-The payment for the said ordered product was made by the complainant via his debit card. The OP delivered the said ordered product to the complainant on 29.12.2020 and received the invoice for the said purchase product i.e. bill dated 24.12.2020, vide bill no.IN 4991. As per the details of the product as shown on the website of OP, the product was shown a brand of Oswal and there was shown a logo of Oswal on the said inner. After receiving the product, complainant opened the pack but surprised to see that the said body warmer was damaged i.e. there was a big hole in the inner. The said received warmer was not of the shown brand and same was of some inferior quality and the shown logo of company was not on the received product. The ordered warmer was shown of round neck design but the received warmer was not of round neck shape but it was of V neck shape. The complainant approached the OP and apprised the whole facts and it was promised by the OP that the product will be replaced or the amount of purchase will be refunded, but till date the OP did nothing in this regard. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, Shri Akash Chawla Advocate on behalf of OP appeared but did not file the written version after availing several opportunities including two last opportunities. Hence, the defence of the OP was struck off on 07.03.2022.

3.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of bill Ex.C1, photo of ordered product Ex.C2, photo of damage/defective product Ex.C3 and Ex.C4 and closed the evidence on 04.05.2022 by suffering separate statement.

4.             We have heard the learned counsel for the parties and have gone through the record available on the file carefully.

5.             Learned counsel for the complainant, while reiterating the contents of complaint, has vehemently argued that complainant placed an order for purchase of a body warmer on 24.12.2020 of Oswal Company amounting to Rs.698/-. Complainant received the said product on 29.12.2020. After receiving the said product, when complainant opened the pack of the product, he surprised to see that the body warmer was damaged i.e. there was a big hole in the inner and also complainant ordered the round neck design but the received warmer was of V neck shape. Hence, prayed for allowing the complaint.

6.             Per contra, learned counsel for OP denied all the facts mentioned in the complaint and prayed for dismissal of the complaint.

7.             The onus lies upon the complainant to prove his case. To prove his case complainant placed on record his affidavit Ex.CW1/A, copy of bill Ex.C1, photo of ordered product Ex.C2, photo of damage/defective product Ex.C3 and Ex.C4. On perusal of the photo of the body warmer, a big hole was appeared on the arm of the body warmer. Hence, it is well proved that OP has sent the defective product to the complainant.

8.             On the other hand, to rebut the version of the complainant, OP neither filed written version nor produced any evidence. Hence, the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same.

9.             In view of the above discussion, we are of the considered view that the act of the OP amounts to deficiency in service and unfair trade practice. 

10.           As per the invoice Ex.C1, the cost of the warmer is of Rs.698/-, hence, the complainant is entitled for refund of Rs.698/- alongwith compensation for mental agony and harassment and litigation expenses, etc.

11.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to refund the amount of Rs.698/- to the complainant alongwith interest @ 9% per annum from the date of order till its realization.  We further direct the OP to pay Rs.2,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expense. This order shall be complied with within 45 days from the receipt of copy of this order. The complainant is also directed to return the product in question to the OP. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:09.06.2022                                                              

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

(Vineet Kaushik)             (Dr. Rekha Chaudhary)

           Member                         Member