DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

 

CASE   NO:   CC- 31  of   2023

 

 

Smt. Uttara Datta Sinha,

W/o- Sri Durga Prasad Sinha,

Badharghat, P.O.- Siddhi Ashram,

P.S. - A. D. Nagar,  Agartala, 

District- West Tripura, 

Pin- 799003.    …............Complainant.

 

 

-VERSUS-

 

 

1. Amazon Seller Services Private Limited.,

Brigade Gateway, 8th floor, 

26/1, Dr. Rajkumar Road, 

Malleshwaram(W),

P.O. Malleshwaram(W), 

P.S. Subramanya Nagar,

Bangalore, Karnataka- 56005.

 

2. Darshita Aashiyana Private Limited,

Building No. CCUI, Mouza, Amraberia, 

Phase- 2, ESR Warehousing Private Ltd.,

Amraberia, Rajapur, 

Joargori Gram Panchayat, 

Uluberia, District- Howrah, 

Howrah, West Bengal- 711303.

 

3. Amazon Courier Services Hub,

Dhaleswar Road No- 13, Near UBI Bank,

Blue Lotus Club Chowmuhani,

Agartala, P.O. - Dhaleswar,

P.S. East Agartala, 

West Tripura- 799007. ...........Opposite Parties.

 

 

 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

C O U N S E L

 

For the O.P. No. 1    : Exparte.

 

ORDER  DELIVERED  ON:   16.02.2024.

 

F I N A L    O R D E R

1. This case has been filed U/S 35 of the Consumer Protection Act, 2019 by Smt. Uttara Datta Sinha of Bhadharghat, Agartala, Tripura (West) against the O.Ps namely (1) Amazon Seller Services Private Ltd., Bangalore, Karnataka, (2) Darshita Aashiyana Pvt. Ltd., Howrah, West Bengal & (3) Amazon Courier Services Hub, Dhaleswar, Agartala, West Tripura alleging deficiency in service on the part of the O.Ps.

1.1 The case in short is that the complainant on payment of Rs.12,777/- on order dated 24.09.2022 paid to the O.P. No.1 for purchasing a mobile hand set phone set namely “Realme Narzo 50(Speed Blue, 6GB RAM+128 GB Storage)”. The phone was scheduled to be delivered on 30.09.2022. The husband of the complainant collected the mobile phone from the agent of the O.P. No.3 and on opening the parcel in presence of the delivery agent found one box inside the parcel packet and there was a “Lotus Herbals Youthx Cream” in place of the mobile phone set. The husband of the complainant registered his objection but the delivery agent suggested the husband of the complainant to contact with the customer care of O.P. No.1. Now the complainant contacted the Customer Care of O.P. No.1 over telephone and narrated the incident which the Customer Care Executive assured to look into the matter within 3 days. On 04.10.2022 the complainant received one Email from the O.P. No.1 who informed that on investigation he found the item was delivered correctly to the complainant. The complainant vehemently protested  such unholy investigation saying that during investigation nobody contacted the complainant or her family member. The complainant went to the office of the O.P. No.3 on 01.10.2022 and 02.10.2022 to which the O.P. No.3 agreed with the complaint of the complaint. The complainant attached one video clip in presence of the delivery agent of the O.P. No.3 and requested the O.P. No.1 to further investigate the matter but to no good. Hence, this case seeking return of the sale with compensation and cost of the proceeding.  

 

2. Summon were duly issued to the O.P. No.1 and 3 but they failed to contest the case by filing written objection. Hence, vide order 20.09.2023 case has been proceeding exparte against the O.P. No.1.

2.1 Vide order dated 05.08.2023 the case has been proceeding exparte against the O.P. No.3. 

2.2 The name of O.P. No.2 was struck off vide order dated 03.06.2023 as not a necessary party. However, Learned Counsel of the O.P. No.1 appeared on 17.01.2024 and copy of evidence on affidavit of the complaint was supplied to the Learned counsel of the O.P. No.1.

 

3. During the course of argument Learned Counsel of the complainant substantiated the complaint and evidence by showing documents as well. Learned Counsel of the O.P. No.1 participated in the argument and argued that the O.P. No.1 had duly sent the mobile phone set and if anything was changed in the midway, the O.P. No.3, the courier services is responsible for that. The O.P. No.3 did not participated in the proceeding and the name of O.P. No.2 was struck off as not necessary party.

4. Following point is taken up for discussion and decision:-

5. It is the O.P. No.1 with whom the complainant entered into the contract to purchase the specified mobile phone set and paid Rs.12,777/-. It is the O.P. No.1 who engaged O.P. No.3 as courier service to reach the mobile phone set to the complainant. Meaning thereby, the complainant had no truck or agreement with the O.P. No.3 and it is the O.P. No.1 who is responsible to reach the specified mobile phone set to the complainant, failing which the O.P. No.1 is liable to compensate the complainant.

5.1 In the case at hand, the complainant has proved that she received a cosmetic box as her husband opened the parcel in presence of the agent of O.P. No.3 and the matter was duly informed to O.P. No.1 and the O.P. No.3 as well as time and again. Hence, we have no reason not to believe the complainant. More so, the O.P. No.3 by not participating in the proceeding has admitted the complaint of the complainant. 

6. The point is decided accordingly.

 

7. In the result, it is ordered that the O.P. No.1 shall pay Rs. 12,777/- to the complainant with interest @ 7.5% P.A. from the date of order i.e., 24.09.2022 till the date of actual payment and shall also pay further sum of Rs.10,000/- as compensation which is inclusive of litigation cost. 

8. The case stands disposed of.

9. Supply copy of this Final order to the  complainant and the O.P. No.1.

 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.