FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member
The case of the complainant in brief is that , the complainant ordered one Godrej Security Solution Countmatic from the OP’s concern and paid an amount of Rs.12999/- . Within few days after purchasing the said product was not working properly and the complainant lodged a complaint to the Godrej Customer Service regarding the replacement of the said item and refunding the money to the complainant. But it was informed by the Godrej that they do not sell any of its currency handling product variants through online or E-commerce platform. Therefore the complainant had to repair the product by own from the Godrej. Being misguided and manipulated by the OP the complainant made several contact with The OP over telephone and by sending emails to register his grievance and to solve the dispute. But the OP remained unturned till date. Having no other alternatives the complainant approached before this Commission praying for relief/reliefs.
OP did not contest the consumer complaint despite service of notice. No WV has been filed by the OP within the statutory period and as such the case runs ex parte hearing against the OP. But After the statutory period the OP filed their WV but the same was rejected for not filing the WV within statutory period.
In support of his case the complainant has tendered evidence supported by an affidavit and also relied upon documents annexed with the complaint petition. We have heard argument on merit and have also perused the record.
Undisputedly the complainant purchased one Godrej Security Solution Countmatic having the Order ID 171-4926734-6336359 with warranty through the OP’s E-commerce platform by paying an amount of Rs.12999/-. There is also no doubt that the said product was soldunauthorizedly. Photocopy of the invoice adduced by the complainant as annexure reveals that the said product was sold by one Nemi Agency (WH-10, Crystal Indus Logistic Park , BhaylaAhmeadabad, Gujarat, 382220) and the price of the product was also received by them. Photocopy of the e-mail dated 03/03/2021goes to show that the Zonal Service Head-East, Godrej SecuritySolution informed the complainant that “Machine was purchased from unauthorized seller via e-commerce platform Amazon.” The same is intimated by Deputy Manager - Product Service of the Godrej to the complainant stating that :
“This is refer to our discussion , we would like to inform you that “Nemi Agency” is not authorized seller of Godrej and we do not sell any of it’s currency handling product variants through online/E-commerce channels.”
The complainant sent a legal notice to the OP on 14/04/2021 which replied by the Ld. Advocate of the OP stating that :
- ASSPLneither sells nor offers to sell any products and merely provides an e-commerce marketplace where independent third-party sellers like Nemi Agency list their products for sale. The independent third-party sellers like Nemi Agency themselves are responsible for their respective listing on the e-commerce marketplace including all representations and warranties for the products / merchandise sold by them without any liabilities on ASSPL.
- ASSPL is neither responsible for the products that are listed on the e-commerce marketplace by various independent third-party sellers nor does it intervene or influence the customers in any manner, whatsoever.
It is also conveyed by the Ld. Advocate of the OP to the complainant that :
It is stated that upon the receipt of your Legal Notice our Client enquired into the matter with the independent Third party Seller i.e. Nemi Agency who informed our Client the return window of the product expired on 24.09.2020 . Furthermore in order to assist your Client the independent Third Party Seller i.e. Nemi Agency requested to share the service deniel letter issued by the Manufacturer/Brand. However the same was not sharedby your Client. Please note that Our Client (ASSPL) is merely an e-commerce marketplace and the liability of a product is of the manufacturer and/or of the seller and not of ASSPL.
In view of the above facts we are of the opinion that the Seller of the said product i.e. Nemi Agencyis the necessary party in the instant case as the OP is an E-commerce platform using which sellers sold their products and it appears that no effort has been made on the part of the complainant in the present suit to implead the Seller of the said producti.e. NemiAgencyas a party. Therefore, the instant case is bad for non-joinder of necessary parties.
As such, the complaint case fails.
Hence,
ORDERED
That the case be and the same is dismissed on Ex parte against the OP without any cost.
