District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.62/2022.
Date of Institution: 31.01.2022.
Date of Order: 30.05.2024.
Megha Chaturvedi, Flat No. 404, Gayatri Apartments, Sector-45, Faridabad, Haryana – 121010.
…….Complainant……..
Versus
Amazon India Office, Brigade Gateway, 8th floor, 26/1, Dr. Raj Kumar Road, Malleshwaram(W), Bengaluru – 560 055, Karnataka, India.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Indira Bhadana…………Member.
PRESENT: Sh. Tarun Chaturvedi, counsel for the complainant.
Opposite party exparte vide order dated 04.08.2022.
ORDER:
The facts in brief of the complaint are that the complainant had purchased HP INK Tank 319 Colour Printer Scanner and copier for home/office purpose on dated 26.10.2021 from Amazon.in Order ID-405-1117293-5869154 and the billed amount was Rs.11,799/- in which 10% discount was given, so the paid amount comes to Rs.10,619/- . The complainant had got the printer delivered on dated 29.10.2021 and the packaging of the printer was damaged and the parts of the printer was defective and it seems like used printer (ink was already filled in printer). The complainant had approached customer care service of amazon and talked about the condition of the printer and also sent the photos of damaged printer and requested for the return process and the same was scheduled for dated 02.11.2021 between 7a.m. to 7pm respectively. But no one had turned up on that day. After that complainant had called again to the customer care service of Amazon and they had again given the date for the pickup of the printer on dated 07.11.2021. But the same had again not been done. The complainant had approached again and again but the customer care service of Amazon given some excuses that due to some verification purpose the pickup had not been done and gave the date for pickup on dated 11.11.2021. But the same had been repeated and the pickup had not been done. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) award for a sum of Rs.10,619/-.
b) pay Rs. 20,000/- as compensation for causing mental agony and harassment .
c) any other orders which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
2. Case called several times since morning but none appeared on behalf of opposite party. Hence, opposite party was hereby proceeded against ex-parte vide order dated 04.08.2022..
3. The complainant led evidence in support of his respective version.
4 We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party –Amazon India Office with the prayer to a) award for a sum of Rs.10,619/-. b) pay Rs. 20,000/- as compensation for causing mental agony and harassment . c) any other orders which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
To establish his case, the complainant has led in his evidence photocopies of Tax invoice & emails.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.
7. Opposite party is directed to refund an amount of Rs.10,619/- alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite party is also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alongwith Rs.1100/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 30.05.2024. (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
