Punjab

Ludhiana

CC/19/479

Narinder Singh - Complainant(s)

Versus

Amazon India - Opp.Party(s)

Japinder singh adv.

25 Mar 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:479 dated 14.10.2019.                                                         Date of decision: 25.03.2022. 

 

Narinder Singh aged about 54 years son of Sh. Atma Singh, resident of H. No.421, Urban Estate, Phase-I, Focal Point, Ludhiana.                                                                                                                             ..…Complainant

                                                Versus

1. Amazon India, Amazon World Trade Center, Brigade Gateway, 8^th Floor, 26/1, Dr. Rajkumar Road, Malleshwaram (W), Bangalore, Karnataka through its Authorized Officer.
2. Qusai Lifestyle Pvt. Ltd., A/13, Nanddham Industrial Estate, Marol Maroshi Road, Marol, Andheri East, Mumbai through its Director/Authorized Officer.                                                                                                                                               …..Opposite parties 

          Complaint Under Section 35 of the Consumer Protection Act,               2019.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         None.

For OP1                         :         Sh. Sudhir Gakhar, Advocate.

For OP2                         :         None.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                Shorn of unnecessary details, the case of the complainant is that he intended to buy Sidr honey which is harvested on Sidr trees found in Middle East country Yemen. OP2 had uploaded the pictures of the said honey on the portal of OP1 but OP2 intentionally withheld the information that honey was a product of India. In this manner, OP2 purposely concealed the country of original of its product in the video uploaded by it on the YouTube. On 25.09.2019, the complainant purchased the Sidr honey online along with cow desi ghee from OP2 through web platform of OP1 vide separate invoice. The complainant received the parcel containing Sidr honey and cow desi ghee on 29.09.2019. The complainant was shocked to see that on the container of the honey, it was written to be a product of India. On the same day, the complainant lodged a complaint with OP1 through email that he has been misrepresented and cheated by OP2 as the latter concealed the information that the honey was made in India. The act and conduct of the OPs amounts to cheating and malpractice. In the end, it has been requested that the OPs be directed to refund the amount of Rs.3700/- charged from the complainant as the cost of the product along with interest @18% and in addition to that the OPs be made to pay compensation of Rs.50,000/- and litigation expenses of Rs.11,000/-.

2.                The complaint has been resisted by the OPs. In the written statement filed on behalf of the OP1, it has been, inter alia, pleaded that OP1 has been wrongly impleaded as party. According to OP1, on 25.09.2019, the complainant purchased Al Qusai Gir Cow’s Desi Ghee  and Al Qusai Pure Sidr Honey from an independent third party seller i.e. Qusai Lifestyle Private Limited. The payment was made directly by the complainant to the said seller i.e. Qusai Lifestyle Private Limited  and not to OP1. According to OP1, it is only an intermediary and cannot be made a party nor it has any control in any manner in the transaction which takes place on e-commerce marketplace. Moreover, the grocery products being consumable in nature are non-returnable unless the item delivered to a purchaser is damaged, defective or different. Moreover, OP2 did not withhold any information with regard to the origin of the product. The Product Information Tab on the e-commerce marketplace clearly states that the ‘Country of Origin’ as India. Therefore, the complainant has not approached the court with clean hands. The rest of the averments made in the complaint have been denied as wrong and in the end, a prayer for dismissal of the complaint has been made.

3.                In a separate written statement filed on behalf of OP2, which was received by mail, it has been pleaded that Sidr trees are not just found in Middle East country Yemen but are also found in India, Pakistan and other countries. Moreover, Sidr Honey is exported from India. According to OP2, Al Qusai is a place in Dubai, but it has nothing to do with the Sidr honey. Moreover, it was not mentioned on the product that the same was from Middle East. Rather, on the website of OP2, the product of referred to as product of India. Even otherwise, as per the provisions of Legal Metrology (packaged commodities) Rules, 2011, it is only mandatory to mention the name of country of origin on package in case the product is imported whereas the product in question was not at all imported. OP2 has further pleaded that they had no intention to cheat or misrepresent the consumer. According to OP2, when contacted by the complainant, OP2 even offered to refund the cost of the product, but the counsel for the complainant started demanding Rs.20,000/-. The rest of the averments made in the complaint have been denied as wrong and in the end, a prayer for dismissal of the complaint has been made.

4.                None has been appearing in this case on behalf of the complainant since 11.12.2020 nor any evidence in the shape of affidavit and documents has been formally tendered on behalf of the complainant.

5.                On the other hand, the counsel for the OP1 tendered affidavit Ex. R1 of Sh. Rahul Sundaram, authorized representative of OP1 along with documents Annexure-A to Annexure-F and closed the evidence. Even none has been putting in appearance on behalf of OP2 since 16.07.2020.

6.                We have heard the counsel for OP1 and have gone through the record. We have proceed to decide the case on merits.

7.                The only grievance of the complainant in this case is that the Sidr honey bought by him from OP2 through online portal of OP1 was projected to be manufactured in Yemen where the Sidr trees are found and harvested whereas on delivery, it was found to be product of India. However, to support the allegations made in the complaint, the complainant has not led any formal evidence. Even the affidavit has not been formally tendered in evidence. Even otherwise, the OPs have claimed in written statement that the Sidr trees are found in India also and Sidr Honey, the product sold by OP2 to the complainant is manufactured in India. As per the documents placed on record by the OPs, judicial note of which can be taken, it is evident that with regard to the product information, it was mentioned that the Sidr honey was marketed by Qusai Lifestyle Private Limited i.e. OP2 and the product was produced in India. Therefore, it cannot be said to be a case of deficiency of service on the part of the OPs.

8.                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.

9.                Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:25.03.2022.

Gobind Ram.

Narinder Singh Vs Amazon India                         CC/19/479

Present:       None for the complainant.

                   Sh. Sudhir Gakhar, Advocate for OP1.

                   None for OP2.

 

                   Arguments on behalf of the counsel for OP2 heard. Vide separate detailed order of today, 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.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:25.03.2022.

Gobind Ram.