Versus
Amazon India Registered Office, Brigade Gateway, 8th Floor, 26/1, Dr.Rajkumar Road, Malleshwaram (W), Bangalore-560055, Karnataka.
…..Opposite party
Complaint under Sections 34(1), 34(2) (d), 35, 36 and 39 of the Consumer Protection Act, 2019.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH. JASWINDER SINGH, MEMBER
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Naresh Grover, Advocate.
For OP : Exparte.
ORDER
PER SANJEEV BATRA, PRESIDENT
1. Briefly stated, the facts of the case are that the complainant had ordered 4 mobile phones through Amazon pay credit card and the transactions were made by the complainant on 30th October for an amount of Rs.38,999/-, 4th October for Rs.131997/-(i.e.three transaction of Rs.43,999/- each) and on 5th October for Rs.38,999/- for personal use, as Dipawali gifts to her relatives as the Amazon was giving a very attractive discount on the Amazon pay ICICI Credit card for prime members on account of yearly plan of Amazon prime membership of Rs.999/- was purchased by the complainant. The Amazon pay ICICI credit card number of the complainant mentioned as 4315811287091005. It has been submitted that before 30th October, the complainant’s Amazon pay ICICI credit card limit was only Rs.80,000/- but the complainant received a call from ICICI Bank that the limit of the ICICI credit has increased to Rs.2,60,000/. So, the complainant purchased 4 i-phones before Dipawali to gift to her relatives and Amazon used to give reward points per month in Amazon pay balance, but the October month’s reward points worth of Rs.15,000/- was not credited by Amazon pay which was given before 28th October. Thereafter, despite making repeated calls to the ICICI Bank Customer, the grievance of the complainant was not resolved. However, the complainant received a message from ICICI bank that her Amazon pay credit card is cancelled due to those transactions and now her points is became zero. When the complainant made enquiry about cancellation of the card and making the reward points to zero without any warning, the customer care department told her that the card was used for commercial use. Complainant’s made repeated requests to the OP department but they failed to take any steps to solve the matter. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency in service and further prayed for issuing direction to the OP to look into the matter with foremost importance and to unblock the credit card by paying back the reward to the complainant to the tune of Rs.2,09,995/- along with compensation to the tune of Rs.10,000/- on account of deficiency in service and mental harassment and agony.
2. Notice of the complaint was issued to the opposite party through registered post on 02.08.2022 but none turned up for the opposite party and as such, the opposite party was proceeded against exparte vide order dated 07.10.2022.
3. In evidence, the complainant tendered her affidavit as Ex.CA and reiterated her averments of the complaint. The complainant also placed on record copies of her Aadhaar Card as Ex. C1 and Ex.C2 and also tendered Ex.C3 i.e. copy of invoice dated 05.10.2021 regarding purchase of apple iphone for an amount of Rs.38,999/-, Ex.C4 i.e. copy of shipment details qua the estimated delivery of the ordered product on 8.10.2021, Ex.C5 i.e. copy of invoice dated 06.10.2021 regarding purchase of apple iphone for an amount of Rs.43,999/-, Ex.C6 i.e. copy of shipment details qua the estimated delivery of the ordered product on 9.10.2021, Ex.C7 i.e. copy of invoice dated 05.10.2021 regarding purchase of apple iphone for an amount of Rs.43,999/-, Ex.C8 i.e. copy of shipment details qua the estimated delivery of the ordered product on 10.10.2021, Ex.C9 i.e. copy of invoice dated 05.10.2021 regarding purchase of apple iphone for an amount of Rs.43,999/-, Ex.C10 i.e. copy of shipment details qua the estimated delivery of the ordered product on 10.10.2021, Ex.C11 i.e. copy of invoice dated 06.10.2021 regarding purchase of apple iphone for an amount of Rs.38,999/-, Ex.C12 i.e. copy of shipment details qua the estimated delivery of the ordered product on 9.10.2021, Ex.C13 is the copy of legal notice dated 3.12.2021 served upon the OP by counsel for the complainant, Ex.C14 and Ex.C15 are the copies of amazon pay credit card issued to the complainant by ICICI Bank and closed the evidence.
4. We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant.
5. Complainant, a holder of Amazon Pay ICICI Credit Card, having a enhanced limit of Rs.2,60,000/- went on purchasing spree of ‘Apple i-phones’ in October 2021 and later on found her credit card cancelled due to its ‘commercial use’. Consequently, complainant’s ‘reward points’ was reduced to zero. The cancellation process was triggered by the OP and ICICI Bank, being issuing authority of the credit card, did the rest. Now by invoking the jurisdiction of this Commission, the complainant is raising a “consumer dispute” and seeking the relief qua unblocking of credit card and restoration of reward points by alleging ‘deficiency in service’ on the part of the OP.
6. In order to appreciate the submissions of the complainant, it would be necessary to advert to some of the definitions contained in Section 2 of the Consumer Protection Act, 2019.
●Section 2(7) of the Consumer Protection Act, 2019 provides the definition of ‘Consumer’ which provides as under:-
“Consumer” means any person who-
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.
●Section 2(11) of the Consumer Protection Act, 2019 provides the definition of ‘deficiency’ which provides as under:-
“Deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes-
i)any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and
ii)deliberate withholding of relevant information by such person to the consumer.
●Section 2(42) of the Consumer Protection Act, 2019 provides the definition of “service” which provides as under:-
‘Service’ means service of any description which is made available to the potential users and include, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.
7. Seen from another angle, the Amazon Pay Credit Card was issued by ICICI Bank. The grievance regarding issuance and cancellation of the credit card was also to the said bank but for the reason best known to the complainant, ICICI Bank, the issuing authority of the credit card to the complainant has not been impleaded as a necessary party in the present case. We are of the view that ICICI Bank was a necessary and proper party without presence of which, the present matter cannot be effectively and completely adjudicated upon.
8. Undisputedly, due to festive season, OP was offering articles for sale on attractive discounted prices and at the same time, their privileged members were to earn rewards as well. Needless to say, all promotional schemes are subject to certain terms and conditions. Even otherwise, awarding of reward points was gratuitous act on the part of the OP which has been specifically excluded from the purview of the ‘services’. As such, the dispute raised by the complainant is not a consumer dispute and is not amenable to the jurisdiction of this Commission. Further, in case titled as Ministry of Commerce versus Vinod and Company-2019 19 SCC 427, a two-judge Bench of the Supreme Court held that by providing “incentive” through REP license (Import Replenishment Scheme) under the EXIM Policy (Import and Export Policy), the government is not providing any “service”, so as to come within the ambit of the Consumer Protection Act. Further in case titled as Usha Shriram (Manali) Hotel (P) Ltd vs. K.S.Santosh-2010 SCC Online NCDRC 26 whereby it has been held by the Hon’ble Supreme Court that complimentary act is not a service as tourist trip/accommodation provided to the complainant under a complimentary scheme is not come under the definition of ‘service’ under the Consumer Protection Act.
9. So by applying the ratio of above cited cases, we are of the considered view that the act of the OP is not fall under the definition of the Consumer Protection, 2019. Therefore, it cannot be said to be a case of deficiency of service on the part of the OP.
10. As a result of the above discussion, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
Announced in Open Commission.
Dated:05.06.2023.
Gurpreet Sharma.
