Orissa

Cuttak

CC/206/2023

Dr Sunil Kumar Rath - Complainant(s)

Versus

Amazon Retail India Private Limited - Opp.Party(s)

Self

01 Dec 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C. No.206/2023

 

Dr. Sunil Kumar Rath,

S/o: Simanchal Rath,Plot No.3C/876,Sector-10,

CDA,Cuttack-753014.                                                       ... Complainant.

 

          Vrs.

 

Amazon Retail India Pvt. Ltd.,

Building No.CCU1,Mouza,Amraberia,

Phase-2:ESR Warehousing Pvt. Ltd.,

Vill: Amraberia,Rajapur,Joargori Gram,

                    Panchayet,Uluberia,

Dist:Horrah,West Bengal-711303.                          ...Opp. Party.

 

 

   Present:      Sri Debasish Nayak,President.

          Sri Sibananda Mohanty,Member.

 

  Date of filing:    19.06.2023

  Date of Order:   01.12.2023

 

  For the complainant:            Self.

     For the O.P.               :            None.

 

   Sri Debasish Nayak,President       

Case of the complainant as made out from the complaint petition in short is that the O.P had sold him a damaged product through order No.171-9145766-0906744 on 7.6.2023 for a consideration of Rs.1404/-.  The complainant had indented to purchase one kilogram of Ensure Powder through the O.P but according to the complainant, it was a damaged product provided to him for which he had raised complaint and had to send legal notice to the O.P on 8.6.2023.  But no fruitful result had yielded for which he has approached this Commission claiming refund of the consideration amount of Rs.1404/- from the O.P together with a compensation of Rs.50,000/- from the O.P towards his mental agony and harassment.  He further has demanded the cost of his litigation and also for such other reliefs as deemed fit and proper.

Alongwith his complaint petition, the complainant has filed copies of several documents in order to prove his case.

2.       Having refused to accept the notice of this Commission, the O.P has been set exparte vide order dt.18.7.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P and if  the O.P has practised any unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point No. ii.

Out of the three points, point no. ii being the most pertinent point is taken up first for consideration here in this case.

After perusing the complainant petition, the written notes of submission and copies of documents as available in the case record, it is noticed that infact the complainant had indented to purchase one kilogram of Ensure Powder through the O.P for a price of Rs.1404/-.  When he could know that the said power happens to be damaged, he had raised attention of the O.P but there was no positive response from the side of the O.P even though there was a policy provided by the O.P for refund within 7 days of delivery.  It is for this, the complainant was forced to file a complaint petition before this Commission.  Accordingly, this Commission finds the O.P to be deficient in his service and to have practised unfair trade also.  Thus, this point goes in favour of the complainant.

Points no.i & iii.

From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

Case is allowed exparte against the O.P. The O.P is directed to refund the cost of the one kilogram of Ensure powder i.e. Rs.1404/- to the complainant and also to pay a sum of Rs.50,000/- towards compensation for his mental agony and harassment alongwith cost of his litigation.   This order is to be carried out within a period of 30 days from the date of this order.

Order pronounced in the open court on the 1^st day of December,2023 under the seal and signature of this Commission.         

                                                                              

                                                                          Sri Debasish Nayak

                                                                                         President

 

 

                                                                      Sri Sibananda Mohanty

                                                                                  Member