Smt. Sangita Paul, Member

This is a case was filed by Srikanta Das, S/o. Shambhubnath Das of 14 Kulpi Road, Magnum complex, 3^rd Floor, Flat-C, Bhattacharjeepara, Baruipur, Pin – 700 144 against Amazon India, Kolkata Branch Office of Amazon and Savex Technologies Pvt. Ltd. With a prayer for a direction upon the OPs to return the paid up amount for the Samsung M 33 mobile phone, worth Rs.19,499/-, to pay compensation of Rs.20,000/- for suffering from mental pain and agony, to pay litigation cost of Rs.10,000/-.

The OP is Amazon India.  The address is 2^nd Floor, Safina Towers Opp. J.P. Techno Park No.3, Ali Asker Road, Bangalore, Pin – 560 052.

OP No.2 is Kolkata Seller Service.  The address is 4a Camac Street, Kankaria Estates,  Park Street Area, Kolkata, West Bengal.

OP No.3 is Savex Technologies Private Limited.  Panache Infradev L.I.P. Plot No.B7 Ganesh Complex Pani Hati Amta Road, Mouza – Subharara, Police Station – Panchla, Howrah-711 322.

The complainant, by filing this case states that he was desirous of purchasing a mobile phone.  On Amazon India online website the complainant found a profitable offer of different mobile phone.  The complainant ordered for Samsung Galazy Mee59 (Deep Ocean blue, 8 G.B 128 G B storage) Mobile Phone on 21.04.2022, the price of the mobile was Rs.19,499/- including all taxes having order No. 404-6987383-5946720.  However the complainant paid the entire amount through Bajaj Finance EMI Scheme on the same date.  The said product was delivered to the complainant on 22.04.2022, against invoice No.SCCG-5118, dated 21.04.2022 at around 12-55 p.m. with sealed pack.

At the time of unboxing the parcel, there was an MI Power Bank 10000 mh instead of a Samsung Mobile, as per the complainant’s order.  The complainant took a snap of the power bank.  The complainant also took a photo with the delivery boy.

Then the complainant contacted the delivery boy and let him know about the power bank, instead of mobile phone. 

The complainant also informed OP No.2 and sent the OP his unboxing video on 22.04.2022.  And he customer relationship officer assured that the problem would be solved after 28.04.2022.  Then the OPs informed that it would take time upto 03.05.2022.  After 30.04.2022, they informed that they won’t be able to provide any replacement or refund money.

The complainant also lodged a complaint at Baruipur P.S.

That the cause of action arose on 22.04.2022, 28.04.2022 and 30.04.2022.  the cause of action is continuing day by day.

Hence the complainant prays for directing the OPs to return the paid up amount for the Samsung M33 mobile phone worth Rs.19,499/- to pay compensation to the tune of Rs.20,000/- for suffering from mental pain and agony, to pay litigation cost of Rs.10,000/-.

The case was filed on 23.05.2022.  The case was admitted on 06.06.2022.  On 01.09.2022, the complainant served the copy of the complaint petition to OP No.1.  It appears from the record that the OP did not file W/V on 16.09.022.  So the statutory period for filing W/V by the OPs 1 and 3 has been expired.  Hence the instant complaint case proceeded ex-parte against OPs 1 and 3.  The complainant was directed to take fresh steps upon OP No.2 positively by 22.11.2022.  On 02.02.2023 Ld. Lawyer of the complainant files a copy of newspaper containing the publication in respect of OP No.2.  The notice was published on 21.01.2023.  On 09.03.2023, the complainant is present, but OP No.2 did not appear and file W/V.  So the instant case proceeded ex-parte against OP No.2.  As per order dated 16.09.2022, the instant case is proceeding ex-parte against the OPs 1 and 2 also.  On 27.04.2023, the Ld. Advocate for the complainant prays for treating the complaint petition as Evidence –on-affidavit.  The prayer of the complainant is hereby allowed.  On 07.06.2023, Ld. Lawyer of the complainant is present and files BNA.  Argument of the Ld. Lawyer of the complainant was heard in full.  Accordingly, we proceeded for giving judgement. 

 Points for consideration :-

1. Is the complainant, a consumer?
2. Are the OPs guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relief as prayed for?

Decision with reasons :-

Point No.1:-  On perusal of documents and records it appears that the complainant purchased one Samsung Galazy M33 5G (Deep Ocean Blue, 8 G.B., 128 GB storage) mobile p[hone from Savex Technologies Pvt. Ltd.  The mobile phone was sold through Amazon.in.  As per Tax invoice Bill the price of the mobile is Rs.19,499/-.  The said product was delivered on 22.04.2022 against invoice No.SCCG5118.  As the complainant purchased the mobile, he is a consumer u/s 2(7) of Consumer Protection Act, 2019.

Point No.2:-  The complainant ordered for a Samsung Galazy mobile phone.  The price of the mobile was 19,499/-.  The complainant purchased the phone from Amazon.in. Instead of the mobile phone, the complainant received M1 Power Bank 10000/-.  The parcel was delivered to his residential address on 22.04.2022.  The complainant took a snap of the delivery boy with the parcel.  When it was revealed that instead Samsung mobile phone, the OP sent a Power Bank, the complainant informed the OP and on 30.04.2022, the OPs informed that the parcel was delivered intact.  So they cannot refund the price of the mobile phone or replace the Power Bank with the Samsung Galaxy Smart Phone.  The Op is bound to replace the power bank with the mobile. The OP made a mistake.  The OP has to correct the mistake replacing the mobile phone.  The complainant has nothing to do with the Power Bank 10000/-.  In this case, replacement or refund of money is mandatory.  The complainant invested the money for purchasing the mobile phone.  He took loan from Bajaj Finance.  If he fails to get the phone, he will face irreparable loss and injury.  The OP must look into the matter while packing the material.  He must check that the right thing is sent to the right purchaser.  The complainant will be highly prejudiced if he does not get the phone.  It is due to the deficiency in service and unfair Trade practice adopted by the OP that the complainant faced loss and injury.  So the 2^nd point is decided in favour of the complainant and against the OPs.

Point No.3:-  The complainant is a bona fide customer.  He paid money for purchasing the mobile phone, but he did not get the required phone.  The complainant was not ready for this situation.  The complainant hoped of getting a Samsung Galaxy M33 Mobile Phone.  Instead of that, he got a Power Bank which he did not purchase or require.  The price of the mobile phone is higher than the power Bank.  It appears that the complainant was deprived financially.  The OPs made a mistake, but they are not ready to correct the mistake by replacing the power bank 10000 with Samsung Galaxy M33 Mobile Phone.  The complainant informed, but the OPs are not in a position to correct their mistake by replacing the Power

Bank with the mobile phone or refund the money paid by the complainant.   The complainant spent time in mental agony.  He is entitled to get relief as prayed for.  So the 3^rd point is decided in favour of the complainant and against the OPs.

In the result, the complaint succeeds.  Hence, it is,

ORDERED

That the complainant be and the same allowed ex-parte against the OPs 1, 2 and 3 with cost of Rs.10,000/-(Rupees ten thousand).

That  the OPs 1, 2 and 3 jointly and / or severally are directed to refund the paid up amount of Rs.19,499/-(Rupees nineteen thousand four hundred and ninety nine), the price of the Samsung Galaxy M33 mobile phone along with 9% interest w.e.f. 22.04.2022 till realization within 45 days from the date of this order.

The OPs 1, 2 and 3 jointly and / or severally are directed to pay compensation to the tune of Rs.10,000/-(Rupees ten thousand) to the complainant within 45 days from the date of this order.

That the litigation cost of Rs.10,000/-(Rupees ten thousand) is to be paid by the OPs 1, 2 and 3 within the stipulated period of 45 days.

The complainant is at liberty to put the order into execution if the orders are not complied with within 45 days from the date of this order.

Let a copy of the order be supplied to the parties concerned free of cost.

That the final order will be available in the following website viz. www.confonet.nic.in.

Dictated and corrected by me.

         (Sangita Paul)

             Member