Order by:

Smt.Aparana Kundi, Member

1.       The  complainant  has filed the instant complaint under section 35 of Consumer Protection Act, 2019 on the allegations that complainant has placed an order for purchasing two products for his personal use i.e. (1) EvoFox Katana Fully Programmable Mechanical Gaming Keyboard, 2) Sensodyne Toothpaste on the mobile application of Opposite Party No.1 on dated 21.01.2022 and paid total amount of Rs.2793/- online through his credit card with instruction to deliver the products at his home address i.e. 169, St. No.2, Ram Ganj Road, Moga. The Opposite Party No.1 has confirmed the order with order no.171-9993691-2953901 dated 21.01.2022. The complainant has received two separate parcels on dated 27.01.2022. One parcel was of Sensodyne toothpaste as ordered, but strangely second parcel was having a different produce i.e. a simple wireless keyboard & mouse of a brand/company of HP having MRP of Rs.1999/-, whereas the complainant has ordered for a Mechanical keyboard of brand of Amkette titled as EvoFox Katana Fully Progammable Mechanical Gaming Keyboard. Both the products were received by the home address of complainant and received by the family member of complainant. When the complainant went to home during lunch time and saw that different product has been delivered, then complainant has immediately filed a return request from his Amazon Mobile App. The return pickup was scheduled on the same date i.e. 27.01.2022. After that the same courier boy had picked up the product from home on the next date i.e. 28.01.2022 without any objection. The produce was handed over in the same condition in which it was received alongwith all the courier slips, invoices etc. attached on the box. Then return/refund status on the Amazon app shows that return received on dated 02.02.2022 and processing your refund. When complainant did not receive the refund amount, then complainant contacted to customer care and inquired about the status of refund, regarding which, on reply via email from Amazon was received on dated 10.02.2022 that matter is under investigation. Then complainant has received one email on dated 12.02.2022 in which Opposite Party No.1 has discarding the return by leveling the allegations on the complainant that complainant has sent the incorrect item and stated that they will be happy to accept the return of correct item. Then complainant has appealed against the decision of Amazon through email dated 13.02.2022 and explained that he has sent the same item/product that was received and also duly explained about the receiving a wrong item/product while submitting request for the return on dated 27.01.2022. Thereafter the complainant have received another email from Amazon on dated 14.02.2022, where they have denied the claim of complainant. Then complainant has called to customer car of Amazon and requested them to send back the product with all labels required to file a complaint in consumer court. But they flatly refused the request of complainant. Complainant sent one more email to ofm@amazon.in on 14.02.2022 with request that complainant wants to file a complaint in consumer court, so please sent back the product which you have received with all the labels, invoice etc. and clearly stated that the same product is important for the decision of the case and you have no authority to destroy the same. Unfortunately, Amazon has straightway denied the request of complainant vide their email dated 15.02.2022 and stated that this decision is final. We will likely not respond to further emails about this issue. Then the complainant contacted to customer care through chat and requested them to give the details of courier of said order, but they replied that your account is with specialist team, so we will arrange a call back. Then complainant received a call but representative of Amazon has denied giving details of courier without any reason. The act of Opposite Party No.1 is unfair and illegal. They have imposed their one sided so called investigation on the complainant and caused financial loss to the complainant. Complainant also sent legal notice dated 18.02.2022 through registered post, but to no effect. The complainant has requested opposite parties many a times, but to no effect. Hence this complaint. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties may be directed to refund of Rs.2399/- against return of product purchased.

b)       The amount of Rs.4,00,000/- be allowed to be paid by the opposite parties on account of compensation due to mental tension and harassment caused by the complainant.

c)       To pay an amount of Rs.5000/- as litigation charges.

d)      And any other relief to which this Hon’ble Consumer Commission, Moga may deem fit be granted in the interest of justice and equity.       

2.       Upon notice, none has appeared on behalf of Opposite Parties despite service, hence Opposite Parties were proceeded against exparte. 

3.       In order to prove his case, the complainant tendered into evidence his affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C23.     

4.       We have heard the Complainant and have carefully gone through the evidence on record.

5.       From the appraisal of the evidence on record, it becomes evident that complainant has placed an order for purchasing two products for his personal use i.e. (1) EvoFox Katana Fully Programmable Mechanical Gaming Keyboard, 2) Sensodyne Toothpaste on the mobile application of Opposite Party No.1 on dated 21.01.2022 and paid total amount of Rs.2793/- online through his credit card. The Opposite Party No.1 has confirmed the order with order no.171-9993691-2953901 dated 21.01.2022. The complainant has received two separate parcels on dated 27.01.2022. One parcel was of sensodyne toothpaste as ordered, but strangely second parcel was having a different produce i.e. a simple wireless keyboard & mouse of a brand/company of HP having MRP of Rs.1999/-, whereas the complainant has ordered for a Mechanical keyboard of brand of Amkette titled as EvoFox Katana Fully Progammable Mechanical Gaming Keyboard. Then complainant has immediately filed a return request from his Amazon Mobile App. After that the same courier boy had picked up the product on 28.01.2022. Return/refund status on the Amazon app shows that return received on dated 02.02.2022 and processing your refund. When the complainant inquired about the status of refund, the replied via email that matter is under investigation. The complainant further received one email on dated 12.02.2022 in which Opposite Party No.1 stated that complainant has sent the incorrect item and stated that they will be happy to accept the return of correct item. Thereafter complainant made various complaints through email to opposite parties, but despite that till date complainant did not receive any item in return nor his amount is refunded.  To corroborate his aforesaid assertion, the Complainant has placed on record his duly sworn affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C23. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Parties  did not opt to appear and contest the proceedings.  In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have no defence to offer or defend the complaint.  

6.       So, from the entire unrebutted and unchallenged  evidence produced by the complainant on record, it stands fully proved on record that  the Opposite Parties have adopted unfair trade practice and deficiency in service by not making the maturity amount of the recurring deposits. 

7.       In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant against all the Opposite Parties and all the Opposite Parties are jointly or severally directed to make refund of Rs.2399/- (Rupees Two thousand three hundred ninety nine)  alongwith interest @ 8% per annum from the date of filing of this complaint i.e. 10.05.2022 till its actual realization to complainant. Compliance of this order be made by the Opposite Parties within 60 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to  get the order enforced through the indulgence of this Commission.   Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Commission.