This complaint under C.P. Act., 2019 was initially filed against O.P.- Amazon Seller Services Pvt. Ltd., Having its address at Kh. No. 18/21, 19/25, 34/5, 6, 7/1, 7, 8, 9/1, 9/2, 10/1, 10/2, 11 min, 12, 13, 14, Village- Jamalpur, Gurgaon, Haryana 122503, India who contested the case by filing Written Version and Evidence. But after filing the W.V. and Evidence by the O.P. they did not turn out again in this Commission  through any representative or through any Ld. Advocate to contest the case . 

The case of the complainant as per his complaint is as follows-

The complainant told in his plaint that he ordered 2 pieces of corsair Gaming ST100 R&B premium Headset stand with 7.1 Surround Sound- Black on 21/08/2020, Order No. 406-5207417-2980300 by paying an amount of Rs. 13,598 /- (Rupees Thirteen Thousand Five Hundred and Ninety Eight) only through online payment mode and when he received his order, he found that the box was pasted with a challan where neither any product information nor any quantity of goods mentioned. He added in his plaint that he received the product on 26/08/2020 and when unboxed it he found that one of the Headset stand was missing and another was found defective. After identifying this immediately he generated the return/ refund policy but failed to submit it and thus he returned one of the defective products to the company and got refund for one product but for the said missing product he did not get any response from the O.P. Company. The complainant also added in his plaint that he sent his last mail to the O.P. Company on 31/08/2022.

 The complainant therefore prays for-

1. To refund his entire money as soon as possible along with Rs. 6,000 /- (Rupees Six Thousand) only which has caused him a great loss and damage besides mental tension, trauma and inconveniences and loss of value of money, time and effort. The total claim amount is Rs. 12,799 /- (Rupees Twelve Thousand Seven Hundred and Ninety Nine) only.

List of documents (Photocopies) furnished by the complainant are as follows-

1. Online Payment Receipt.
2. Tax Invoice/ Bill of Supply/ Memo.
3. Tagged Invoice in the parcel.
4. Online order details invoice.
5. Gmail customer service invoice.

The O.P., Amazon Seller Services Pvt. Ltd., having its address at Kh. No. 18/21, 19/25, 34/5, 6, 7/1, 7, 8, 9/1, 9/2, 10/1, 10/2, 11 min, 12, 13, 14, Village- Jamalpur, Gurgaon, Haryana122503, India contested the case and as per his Written Version (W.V.) the case is as follows –

The O.P. argued in his W.V. that they operates and manages the e-commerce marketplace i.e. www.amazon.in where independent third party sellers list their products for sale. The O.P. also added that any seller is free to list any product for sale and any buyer is free to choose and order any product from any independent third party seller selling that product on the e-commerce marketplace. The O.P. exercises no influence or interference in the said process. 

Points for Consideration

1. Whether the complainant is a consumer?
2. Whether the case is maintainable under the C.P. Act 2019?
3. Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?
4. Is the complainant is entitled to get any award and relief as prayed for?

All the points are taken up together for consideration and decision.

Seen and perused the complaint petition and written Version filed by the parties which are supported by the affidavit, documents filed by the parties. We are also heard arguments advanced by the complainant in full length.

                It is very much clear from the W.V. filed by the O.P. that  the complainant had purchase a product from the O.P. ON 26/08/2020 and the complainant had paid Rs. 13,598 /- (Rupees Thirteen Thousand Five Hundred and Ninety Eight) only and based on the statement of the complainant the Commission is very much clear that the complainant had purchased a product from the O.P. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act- 2019 and also there is no doubt that this Commission has its jurisdiction to decide this case.

                It is very much clear from the evidence of the complainant that he ordered 2 pieces of corsair Gaming ST100 R&B premium Headset stand with 7.1 Surround Sound- Black on 21/08/2020, Order No. 406-5207417-2980300 by paying an amount of Rs. 13,598 /- (Rupees Thirteen Thousand Five Hundred and Ninety Eight) only through online payment mode and when he received his order, he found that the box was pasted with a challan where neither any product information nor any quantity of goods mentioned. He added in his plaint that he received the product on 26/08/2020 and when unboxed it he found that one of the Headset stand was missing and another was found defective. It is also cleared from the evidence of the complainant that the complainant informed this matter to the O.P. but he did not get any fruitful response from their end. Even the O.P. did not take any initiative to resolve this issue.

So, as per the above discussion it is very much clear that there was a deficiency of service from the part of the O.P and the Complainant has been able to prove his case against the O.P . Thus in the instance case the complainant is entitled to get Rs. 6,799 /- (Rupees Six Thousand Seven Hundred and Ninety Nine) only for his claim and the complainant is also entitled to get Rs. 3,000 /- (Rupees Three Thousand) only for mental pain and agony.

ORDERED

                That the Consumer Case No. 21/2021 be and same is allowed against the O.P. (Amazon Seller Services Pvt. Ltd.).

The complainant do get an award of Rs. 6,799 /- (Rupees Six Thousand Seven Thousand and Ninety Nine) only for his claim, Rs. 3,000 /- (Rupees Three Thousand) only for mental pain and agony. The total payable amount is of Rs. 9,799 /- (Rupees Nine Thousand Seven Hundred and Ninety Nine) only and this amount will be paid to the complainant by the O.P. within 30 days (Thirty days) from the date of this order , failing which the complainant will be entitled to get a simple interest of 6 % per annum from the date of filing of this case i.e. 16/03/2021.

 The O.P. (Amazon Seller Services Pvt. Ltd.) is directed to pay 9,799 /- (Rupees Nine Thousand Seven Hundred and Ninety Nine) only by issuing account payee cheque in favour of complainant within 30 days (Thirty days) from the date of this order failing which the complainant will be entitled to get a simple interest of 6 % per annum from the date of filing of this case i.e. 16/03/2021.       

Let a copy of this judgment be given to the parties free of cost directly or through their representative Ld. Advocate for compliance.