Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 06
Instituted on : 02.01.2023.
Decided on : 19.06.2024.
Renu d/o Late Sh. Madan Lal r/o H.No.2432, New Housing Board, Sector-1, Rohtak.
………..Complainant.
Vs.
Amazon 2nd Floor, Safina Towers, Opp. JP Techno Park, No.3 Ali Asker Road, Bangalore-560052 through its Authorized Signatory.
……….Opposite party.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Sh. Nitin Goyal, Advocate for the complainant.
Opposite party exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are she had placed two orders i.e. one order for the supply of Boat ear pods @ Rs.1098/- on 8th October 2022 vide order bearing no.403-2089380-7467510 and one order for 7 pieces of Pooja Thali set @ Rs.287/- per piece on 09.10.2022 vide order bearing no.403-8764821-4079544. The expected time for delivery of both the orders were reported as 10.10.2022. The complainant received a parcel from the delivery boy on 10.10.2022 and he confirmed OTP from the complainant on mobile phone and delivered one parcel to the mother of the complainant as she was at Gurugram. After coming at Rohtak on 12.10.2022, she opened the parcel and found that the said parcel is containing 7 pieces of ‘Pooja Thali’ only. When the complainant tracked for the order in respect of ‘Ear pod’, she came to know from the message uploaded on the website of the opposite party that both the orders are in one parcel and the same has been shown delivered. The complainant contacted the customer care and reported that that she has not received any order of ear pods but the status is delivered and she requested the opposite party either to make the delivery of the item i.e. Earpods of BOAT company or to refund the amount of order. But the opposite party did not consider the request of complainant. The act of opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to deliver the product or to refund the amount charged by the company i.e. Rs.1098/- alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite party through registered post and the same was received back served. But none appeared on behalf of opposite party and opposite party was proceeded against exparte vide order dated 01.05.2024 of this Commission.
3. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.PW1, documents Ex.P1 to Ex.P9 and closed his evidence on 18.06.2024.
4. We have heard learned counsel for the complainant and have gone through the material aspects of the case very carefully.
5. In the present case as per the complaint and affidavit filed by the complainant she placed two orders for the supply of ‘Airdopes’ and ‘Pooja thali set’ on 09.10.2022, out of which one item i.e. Pooja thali was delivered by the opposite party on 10.10.2022 but the another item was not delivered whereas the status was shown as ‘delivered’. We have perused the documents placed on record by the complainant. As per order summary Ex.P3 & Ex.P4 respectively, complainant had placed an order for purchase of item of Rs.1098/- and another for purchase of items worth Rs.2009/-. As per delivery status Ex.P5, the item of Pooja thali was delivered on 10th October and as per order details Ex.P6, the Boat Airdopes were delivered on 10th October 2022. But as per copy of chat Ex.P7, complainant had not got her order but the status was ‘delivered’. Complainant telephonically contacted the opposite party for delivery of 2nd item i.e. Airdopes but to no effect. On the other hand, opposite party did not appear before this Commission and was proceeded against exparte. As such it is presumed that opposite party has nothing to say in the matter and all the allegations levelled by the complainant against the opposite party stands proved. Hence there is deficiency on the part of opposite party and opposite party is liable to refund the price of product to the complainant.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to refund the amount of Rs.1098/-(Rupees one thousand and ninety eight only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 02.01.2023 till its realization and also to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
19.06.2024.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
…………………………………………
Vijender Singh, Member.
