By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant
On 23/10/2021 complainant ordered one HP 11th Generation Intel Laptop worth Rs. 72,173/- through 1st opposite party website as per order No.405-7554820- 9437959. Complainant paid the said amount on the very same day and he had given his office address to opposite parties for product delivery.
2. After one week complainant to know that the item reached Perintalmanna on 29/10/2021 but the item was cancelled and returned without the knowledge and consent of complainant. When complainant contacted the Amazon customer care and they replied that the product was cancelled and the paid amount would be refunded within 4 to 5 days. Complainant waited for one week and he again contacted them, but they told to complainant to wait for some more days. After one month, when complainant contacted them, they told to complainant that Amazon is not responsible for this issue and their investigation team has submitted to them that complainant is not eligible to get the refund. Then they told to complainant that to contact the seller directly for solving the issue. But as a consumer complainant has no contact with the seller and all the transactions, dealings and payment were done through the Amazon, the first opposite party.
3. Since there was no response or any kind of help from Amazon, complainant personally contacted the seller through whatsapp. They told to complainant that they have not received the product nor payment from Amazon yet. Due to the non co-operative attitude of opposite party No.1 and 2, complainant filed this petition. Complainant neither received the Laptop nor the payment till date. Hence this complaint.
4. Prayer of the complainant is that, he is entitled to get Rs. 72,173/-, the cost of the Laptop, Rs.2,00,000/- as compensation for the mental agony and hardships suffered by him by the act of opposite parties and Rs. 5,000/- as cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite parties and opposite party No.1 received notice, but they did not turn up. Hence opposite party No.1 set exparte. No notice has been received by opposite party No.2. Thereafter complainant was withdrawn the claim against opposite party No.2.
6. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A3. Ext.A1 is the photocopy of the payment information, Ext.A2 is the photocopy of the tax invoice dated 23/10/2021, Ext.A3 is the photocopy of the shipment details regarding the Laptop.
7. The allegations against opposite party No.1 is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced three documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party No.1 as alleged in the complaint. Hence we allow this complaint holding that opposite party No.1 is deficient in service.
8. We allow this complaint as follows:-
- The opposite party No.1 is directed to refund Rs. 72,700/- (Rupees Seventy two thousand and seven hundred only) the cost of the Laptop to the complainant with 12 % interest from 23/10/2021 till payment.
- The opposite party No.1 is also directed to pay compensation of Rs.50,000/- (Rupees fifty thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party No.1 is also directed to pay Rs.3000/-(Rupees three thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party No.1 is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 27th day of July, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A3
Ext.A1 : Photocopy of the payment information.
Ext.A2 : Photocopy of the tax invoice dated 23/10/2021.
Ext.A3 : Photocopy of the shipment details regarding the Laptop.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
