Chandigarh

DF-I

CC/174/2017

Mahender - Complainant(s)

Versus

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

Dhawal Bhandari

03 Apr 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

                                     

Consumer Complaint No.	:	CC/174/2017
Date of Institution	:	27/02/2017
Date of Decision	:	03/04/2018

 

Mahender S/o Umed, R/o H.No.701-A, Sector 47-A, Chandigarh.

 

…..Complainant

 

V E R S U S

 

 

Amazon Seller Services Private Ltd., ASPPL (CIN U51900KA2010PTC053234) Regd. Office: Brigade Gateway, 8^th Floor, 26/1, Dr. Raj Kumar Road, Malleshwaram (W), Bangalore – 560055, India, through its duly authorized representative.

……Opposite Party

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	SH.S.K. SARDANA	MEMBER

                                               

                                                                       

ARGUED BY	:	Sh. Dhawal Bhandari, Counsel for Complainant.
		Sh. Gaurav Bhardwaj, Proxy Counsel for Sh. Nitin Thati, Counsel for Opposite Party.

 

PER S.K. SARDANA, MEMBER

1.         Briefly stated the facts of the case, as mentioned in the consumer complaint, are that the Complainant had ordered one Lenovo Vibe K5 (Grey Snapdragon 616, Volte Update) mobile handset on 18.01.2017 from Opposite Party for a total sale consideration of Rs.7499/-. The Opposite Party had promised to deliver the said order by 25.01.2017, but when after considerable time, the mobile handset was not delivered to the Complainant,  he got served a legal notice dated 31.03.2017 upon the Opposite Party, but to no success. With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service & unfair trade practice on the part of the Opposite Party.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         The Opposite Party in its written statement has pleaded that the Complainant had purchased the product from a third party seller i.e. M/s Green Mobiles on 18.01.2017 for Rs.7,499/-. Since the product was not delivered to the Complainant by the Seller, the Opposite Party being a Customer centric company acted diligently and issued a refund to the Complainant of a sum of Rs.7,499/- being the price of the product on 08.03.2017. Thus, denying any deficiency in service on its part, the Opposite Party has sought dismissal of the complaint.
4.         The complainant has filed replication, wherein he has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Party.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire evidence, written arguments submitted on behalf of the Opposite Party and heard the arguments addressed by the Ld. Counsel for Parties.
7.         There is no dispute about the fact that the Complainant booked an item online with the Opposite Party, but the Opposite Party did not deliver the same to him neither within the time framed committed nor thereafter. Even the booking amount of Rs.7499/- was refunded to him only after filing the present Complaint. Therefore, there is prima-facie deficiency in service on the part of the Opposite Party, for which the Complainant needs to be adequately compensated.   
8.         In the light of above observations, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua it. The Opposite Party is directed, to:-

[a]    To pay Rs.3,000/- to the Complainant on account of deficiency in service, unfair trade practice and causing mental agony and harassment; 

[b]     To pay Rs.3,000/- as cost of litigation;

 

9.         The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, it shall be liable for an interest @12% per annum on the amounts mentioned in sub-para [a] above from the date of institution of this complaint, till it is paid, apart from cost of litigation of Rs.3,000/-.  
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced

03^rd April, 2018                         

Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 

 “Dutt”