By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
On 17/03/2022 complainant placed an order for 10 number of recron certifiedpillows worth Rs.3180/- through AMAZON online website, opposite party No1. On24/03/2022, opposite party No.1 had delivered the ordered item in complainant’s house. But opposite party No.1 had delivered only one pillow instead of 10 pillow sets and that delivered item was not the recron certified dream pillow. Immediately after realising the mistake on the delivery, complainant contacted delivery person of opposite party No1 and he said to complainant that the package was not large or heavy enough to contain 10 pillow sets. He again stated that when Amazon contact him regarding the missing of pillows as part of their investigation, he will verify that with Amazon. On the same day complainant had contacted to opposite party No.1 by phone and they told her to send back the package which was delivered for the refund of the amount.
2. After the above call received, complainant got an email from opposite party No.1 stated that complainant had made many items returned before and it is against their policy etc. But which was an error from the part of opposite party No.1 and which they confirmed later in a reply email. They sent the email with the policy warning to complainant without checking history of complainant’s transaction. This prejudice against the complainant might have based on their decision not to give refund to complainant.
3. As per the direction of opposite party No.1, complainant sent back the delivered package to them, but she only got the refund for one item instead of 10 for which she paid for. When she contacted opposite party No.1 they told the complainant that, they can refund for only one item as they received only one item from complainant. Thereafter complainant searched the feed backs of other buyers in opposite party's website and it is found that many other buyers were cheated in the same way. Complainant again stated that she is a customer of Amazon since 2016 and placed many orders with them without any issues.
4. Amazon has charged Rs.3180/- for 10 pillow sets and refunded only Rs.318/-. Although the complainant has been a loyal customer of Amazon for the last six years, Amazon cheated the complainant. The deficiency of service from the side of Amazon has caused mental agony and hardship to complainant. Hence this complaint.
5. Prayer of the complainant is that she is entitled to get Rs. 10,000/- as compensation for the financial loss and for the loss of her valuable time and Rs. 15,000/- for the mental agony and hardship suffered by the complainant due to the act of opposite parties.
6. On admission of the complaint notice was issued to the opposite parties and notice served to opposite party No.1, but they did not turn up. Hence opposite party No.1 set exparte. Notice send in the name of opposite party No.2 returned and again fresh notice ordered and that also returned. Thereafter complainant filed one IA 672/2022 to delete opposite party No.2 from the list of opposite parties. That IA allowed and opposite party No.2 was deleted from the list of opposite parties.
7. In order to substantiate the case of the complainant, she filed an affidavit in lieu of Chief examination and the documents she produced were marked as Ext.A1 to A3. Ext.A1 is the copy of tax invoice for Rs. 3,180/- dated 17/03/2022, Ext.A2 is the email communication and policy warning from opposite party No.1 dated 05/04/2022, 24/03/2022, Ext.A3 is the copy of Seller feed back page.
8. Heard the complainant and perused the affidavit and documents filed bycomplainant. The allegations against opposite party No.1 is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced three documents which are very supportive to prove her case. As per Ext.A1 document it is seen that complainant had ordered 10 numbers of Recron certified dream fibre pillow worth Rs.269.49/- per piece and she had paid Rs.3180/- to opposite party No.1 including the tax. From Ext.A2 page No.2 dated 24/03/2022 , it is clear that the case of the complainant was true. Opposite party No.1 put some allegations against complainant that they noticed an unusually high number of missing items that complainant had reported which exceeds the limits prescribed by opposite party No.1. They again stated that, if this problem continues they may not allow complainant to buy the items from their site. But in Ext.A2 page No.1 dated 05/04/2022, opposite party No.1 said sorry to complainant for the inconvenience caused due to the email send by them to complainant on 24/03/2022. They again stated that it was an error from their side. It is a clear deficiency of service and unfair trade practice from the side of opposite party No.1. Moreover as per Ext.A3 it is clearly shows that the feedback from other customers of the above ordered pillow was very poor. Somebody faced the same issue that complainant has faced. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party No.1 as alleged in the complaint. Hence we allow this complaint holding that opposite party No.1 is deficient in service.
9. We allow this complaint as follows:-
- The opposite party No.1 is directed to refund Rs.3,180/- (Rupees Three thousand one hundred and eighty only) to the complainant, the cost of the pillows which complainant had already paid to opposite party.
- The opposite party No.1 is directed to pay compensation of Rs. 10,000/- (Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party No.1 also directed to pay Rs. 2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party No.1 is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 16th day of December, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A3
Ext.A1 : Copy of tax invoice for Rs. 3180/- dated 17/03/2022.
Ext.A2 : Email communication and policy warning from opposite party No.1 dated
05/04/2022,24/03/2022.
Ext.A3 : Copy of Seller feed back page.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
