Punjab

Sangrur

CC/220/2018

Ayush Goyal - Complainant(s)

Versus

Amazon Seller Services Pvt. Ltd. - Opp.Party(s)

Sh.Udit Goyal

28 Nov 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.    220

                                                Instituted on:      07.05.2018

                                                Decided on:       28.11.2018

 

Ayush Goyal aged about 30 years son of Vinod Kumar Goyal, resident of H.No.47, Lane No.3 Punia Colony, Dhuri Road, Sangrur.

                                                        …Complainant

                                Versus

1.     Amazon Seller Services Private Limited, Ground Floor, Eros Corporate Centre, Nehru Palace, New Delhi through its Managing Director.

2.     Cloudtail India Private Limited, 5/2, K-Square, Industrial and Logistics Park, Near Pushkar Mela, Off. National Highway 3, Village Karund, Taluka Bhiwandi, Maharashtra through its Managing Director.

3.     Tong Garden Food Marketing (India) Private Limited, 102, IB Centre, Village Majas, Prabhat Estate, Patel Estate Road, Yogeshwari (West) Mumbai through its Managing Director.

                                                        ..Opposite parties.

 

 

For the complainant    :       Shri Udit Goyal, Adv.

For OP No.1              :       Shri P.S.Sidhu, Adv.

For OP No.2&3         :       Exparte.

 

 

 

Quorum:    Inderjeet Kaur, Presiding Member

                Vinod Kumar Gulati, Member

 

       

       

Order by : Inderjeet Kaur/Vinod Kumar Gulati, Members

 

1.             Shri Ayush Goyal, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant availed the services of the OPs by getting booked one tong garden salted peanuts packet, one pair of shoes and face wash with the OP number 1 on 14.4.2018 vide order number 405-3109954-2541136 and the OP number 1 issued invoice number BOM3-373905 by paying an amount of Rs.1879/- and the products in question were delivered to the complainant on 19.4.2018 at his address.  The grievance of the complainant is that the OP number 1 has charged an amount of Rs.300/- for the tong garden salted peanuts packet, whereas its actual price was Rs.250/- meaning thereby the Op number 1 charged an amount of Rs.50/- in excess from the complainant.  Further case of the complainant is that when it came to the notice of the complainant, then the same was brought to the notice of the OP number 1 and request for refund of the amount of Rs.50/- was not bothered to by OP number 1. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to refund him an amount of Rs.50/- so charged in excess and further  pay him a compensation of Rs.50,000/- on account of unfair trade practice and further claimed compensation and litigation expenses.

 

2.             In reply filed by Op number 1, preliminary objections are taken up on the grounds that the OP number 1 is an intermediary only, that the transaction is akin to the complainant/buyer having made a purchase from the independent third party,  that the complainant is not a consumer, that the complainant has not purchased any goods from ASSPL and the invoice has been raised by the seller, that the complaint is not maintainable an that the complaint is frivolous, baseless and misconceived one.  On merits, it is denied that the complainant paid an amount of Rs.1879/- to the OP number 1 and further it is denied that the OP number 1 charged any excess amount of Rs.50/- from the complainant.  The other allegations levelled in the complaint have been denied.

 

3.             Record shows that OPs number 2 and 3 were proceeded against exparte.

 

4.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-5 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for the OP number 1  has produced Ex.OP1/1 affidavit along with Annexure OPW1/1 to Ex.OPW1/5.

 

5.             We have carefully perused the complaint, version of the opposite party and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

6.             It is an admitted case of the complainant that the complainant had purchased one packet of Tonk Garden salted peanuts along with other items and the price of the packet in question was charged Rs.300/- by the OPs from the complainant, as is evident from the copy of bill dated 14.4.2018 on record as Ex.C-3. Ex.C-1 and Ex.C-2 are the photographs showing its price as Rs.250/-.  The learned counsel for the complainant has contended vehemently that the OPs have charged an amount of Rs.50/- in excess than the printed price meaning thereby the printed price on the product was Rs.250/- whereas the OPs charged Rs.300/- for the same. The learned counsel for the complainant has further contended that though he requested the Ops for refund of the excess amount, but all in vain. But, the complainant could not produce on record any document pertaining to his claim. In the circumstances, we find it to be  a clear cut case of deficiency in service on the part of the Ops by charging an amount of Rs.50/- in excess from the complainant, which is also unfair trade practice on the part of the OPs.

 

7.             Accordingly, in view of our above discussion, we allow the complaint and direct the Ops number 2 and 3, who are jointly and severally liable  to refund to the complainant an amount of Rs.50/-, so charged in excess and further to pay an amount of Rs.4000/- in lieu of consolidated amount of compensation and litigation expenses. This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        November 28, 2018.

                                                                                                                     

                                       

                                                            (Inderjeet Kaur

                                                           Presiding Member

 

 

 

                                                        (Vinod Kumar Gulati)

                                                                    Member