Chandigarh

DF-II

CC/528/2018

Jagan Nath Bhandari - Complainant(s)

Versus

Amazon Seller Private Limited - Opp.Party(s)

Satish Mishra Adv. & Rahul Verma Adv.

24 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	528/2018
Date of Institution	:	20.09.2018
Date of Decision	:	24.09.2018

 

                                       

                                               

Jagan Nath Bhandari, Office Address: Chamber No.229, District Court Complex, Sector 43, Chandigarh and r/o H.No.12, Blcok A, Janta Nagar, Naya Goan, Madya Marg, Punjab-160103.

                                ...  Complainant.

Versus

Amazon Seller Pvt. Ltd., through its Managing Director/Manager/Authorized Signatory, Corporate Office: Brigade Gateway, 8^th, 9^th, 10^th Floor, 26/1, Dr.Rajkumar Road, Malleshwaram West, Bengaluru, Karnataka-560055.

…. Opposite Party.

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by

 

                   Sh.Satish Mishra, Adv. for the complainant.

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the case of the complainant is that  he was offered Realme 1 (Diamond Black, 6+128 GB) Mobile on discounted price of Rs.8990/- whereas the MRP of the said mobile phone was Rs.14990/-.  Accordingly, on 12.09.2018 he placed online an order for the aforesaid mobile phone on the website of the OP and the payment of Rs.8990/- was paid through debit card. The mobile phone was to be delivered between 17 to 19 September, 2018.  It has been alleged that he was waiting for delivery of the mobile phone and he also dropped the message to the OP in customer portal for fast delivery but till 17.09.2018 he did not receive the same and suddenly in the morning of Anniversary day i.e. 18.09.2018 he received a message of the OP for cancelation of the aforesaid order. It has further been alleged that the OP has cancelled the order without assigning any reason.   It has further been averred that now the cost of the mobile phone in question is Rs.13,990/- and as such he had suffered a loss of Rs.5,000/- on account of the deficiency in service. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the instant complaint.
2.         We have heard the learned counsel for the complainant at the preliminary hearing and have gone through the documents on record.
3.         After giving our thoughtful considerations to the submissions of the counsel for the complainant and the evidence on record, we are of the considered view that the complaint is liable to be dismissed at the preliminary hearing. No doubt the order of the mobile phone booked by the complainant has been rejected by the OP-Company but it is not the case of the complainant that the booking amount has not been remitted back to him by the OP.  Moreover, mere booking of the product does not confer any right of ownership in favour of the complainant especially when the booking amount has been refunded back to him. Since the booking amount of the mobile phone in question has been remitted back on cancelation of the order then it cannot be said that the complainant has suffered any mental agony or the financial loss on account of the aforesaid transaction or the OP has committed any deficiency in service as tried to be projected in the complaint.
4.         For the reasons stated above, the complaint is dismissed at the preliminary hearing with no order as to costs.
5.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

24.09.2019

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER