Jharkhand

Bokaro

CC/157/2019

Bablu Godsora - Complainant(s)

Versus

Amazon Panachi Infradev LLp - Opp.Party(s)

07 Dec 2022

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-27-11-2019

Date of final hearing-07-12-2022

 Date of Order-07-12-2022

Case No. 157/2019

   Bablu Godsora, Manjhi Tola, Balidih, Bokaro

Vs.

Amozon, Panache Infradev LLP, Plot No. 87,

 Ganesh Complex, Rani Hati Amta Road Mouza Bubhara,

 Police Station Panchal Howrah, West Bengal 711322

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

                   Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

-Judgment-

1. This case has been filed by the complainant with prayer to direct O.P. Amazan to pay Rs. 5999/- with interest @ 15% per annum and to pay Rs. 3000/- as compensation to him.
2. Case of the complainant in short is that he purchased Philips Woofer on 29.09.2019 from O.P. Amazan Panache Infradev LLP, Plot No. 87, Ganesh Complex, Rani Hati Amta Road Mouza Bubhara Police Station Panchal Howrah, West Bengal on payment of Rs. 5999/- which was delivered on 03.10.2019 but it became defunct on 10.10.2019, for which he made complaint to the O.P. on 12.10.2019 and 25.10.2019 but except the assurance no positive result was received hence this case has been filed.
3. On due service of notice  O.P. appeared in this case on 23.04.2022 by filing Vakalatnama but he has not preferred to file W.S. nor he later on appeared hence case proceeded without W.S. against him.
4.  Photo copy of complaint made by the complainant to the O.P. is annexure-1, photo copy of massage related to OTP is annexure-2, photo copy of shipping receipt of the goods concerned is annexure-3, photo copy of different E-mails from 12.10.2019 to 25.10.2019 are annxure-4,5 & 6 which are proving the fact as mentioned in the complaint petition. Therefore, there is no any reason to discard the prayer of the complainant. It is apparent that goods concerned was delivered to the complainant on 03.10.2019 and as per assurance it was returnable within 10 days from the date of delivery  in case of any defect and in this case complaint was made on 12.10.2019 which was allowed by the O.P. but inspite of assurance O.P. has not send his agent to collect the goods for refund of its price. Hence it is apparent that O.P. is deficient in service and prayer of the complainant is liable to be accepted.
5. In light of above discussion, prayer of the complainant is allowed. O.P. is directed to pay Rs. 5999/- to the complainant within 60 days from receipt/production of copy of this judgment, failing which complainant will be entitled to get interest @ 10% per annum from the date of purchase i.e. from 29.09.2019 and O.P. is also directed to pay Rs. 2000/- as compensation to the complainant.

 

(J.P.N. Pandey)

                                                                                      President

                                                                                               

 

 

                                                                               (Baby Kumari)

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