Chandigarh

DF-I

CC/697/2019

Md. Zeeshan Raza Khan - Complainant(s)

Versus

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

In Person

25 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/697/2019
Date of Institution	:	12/07/2019
Date of Decision	:	25/08/2022

 

Md.Zeeshan Raza Khan (Minor aged 8 years) through his father Md.Firoz Khan as natural guardian cum next friend R/o House No.203, Sector 22-A, Chandigarh.

 

… Complainant

V E R S U S

1. Amazon Seller Services Pvt. Ltd., registered Office at Brigade Gateway, 8^th Floor, 26/1, Dr.Rajkumar Road, Malleshwaram (W), Bangalore-560055, India through its authorized signatory.
2. Mr. Alok, Ground, 1048, Urmigaya Complex Civil Line, Buxar, Buxar Bihar 802101.

… Opposite Parties

CORAM :	SURESH KUMAR SARDANA	PRESIDING MEMBER
	BM SHARMA	MEMBER

 

                                                

ARGUED BY	:	Md.Firoz Khan, Natural Guardian cum Next Friend of Complainant.
	:	None for OP No.1.
	:	Sh.Deepak Malhotra, Counsel for OP No.2 (through VC).

Per Suresh Kumar Sardana,Presiding Member

1.      Averments are that the father of the complainant had purchased of a book “Bunch of Thoughts” through an online portal owned, managed and controlled by OP No.1. As per complainant, at the time of placing the order, the payment for Rs.395/- and Rs.90/- for shipping charges total Rs.485/- on 20.06.2019 (Annexure C-1). The aforesaid book is received on 26.06.2019, the complainant is surprised to see that the actual price of the book is Rs.225/-. Furthermore, the complainant was further surprised to see that the back side of the page where there seems to be print of actual price, the OPs have erased that portion (Annexure C-2). Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant complaint. 
2.     OP No.1 contested the consumer complaint. In the present case, as per it the complainant has wrongly approached this Hon’ble Forum against ASSPL on a misunderstanding that he is a consumer of ASSPL. The product is neither sold nor manufactured by ASSPL. In addition, thereof, no services have been provided by ASSPL. It is submitted that the seller is responsible for listing of the products and fixing of the price. It is further submitted that ASSPL has not received any consideration towards the sale of the products as the transaction was exclusively between the seller and the complainant. However, it is also submitted that the aforementioned product is a MFN product meaning that the product was packed, sealed, shipped and delivered to the complainant by the independent third party seller with no interference from ASSPL. ASSPL is only online ecommerce market platform where buyers and sellers transact to purchase goods services. ASSPL is neither a necessary nor a proper party in the complaint. Pleading that there is no deficiency in service or unfair trade practice on its part, OP-1 prayed for dismissal of the consumer complaint.
3.     OP No.2 contested the consumer complaint. As per it, the deponent states that it is true to the fact that the price of book is Rs.225/- but instead of bifurcating the charges into the miscellaneous charges, the deponent mistakenly added all the charges in the book amount. It is submitted that OP No.1 has made special arrangements on its web portal to ensure that customers do not face any problem, where customers can register their complaints. But the complainant did not lodge a single complaint there, so that his complaint could be resolved. It is also submitted that it has never tampered with the price of the book in question which was delivered to the complainant. On these lines, the case is sought to be defended by the OP No.2.
4.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsel for the parties and gone through the record of the case. After perusal of record, our findings are as under:-
7.     On perusal of records Annexure C-1, it is observed that the complainant paid a sum of Rs.485/- towards the cost & shipping charges of the books. On perusal of Annexure C-2, it is observed that the price of the book as printed on the back side of the page is Rs.225/-. Hence, it is very clear from the records that the OP No.2 had overcharged the price of the book is not as per the fair trade practice, and the OPs have indulged in an unfair trade practice.
8.     On perusal of the records (order dated 01.10.2019), it is observed that OP No.2 has already paid Rs.500/- by way of bank draft to the complainant and only issue is left with regard to compensation towards mental & physical harassment suffered by the complainant. On perusal of records, it is also an admitted fact that the OP's overcharged an amount of (Rs.485-225=260/-), which was refunded to him after filing of present complaint, The complainant has been made to run from pillar to post and finally dragged to this Commission for redressal of his grievance, which has caused him mental agony & harassment.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to pay an amount of ₹5000/- to the complainant as compensation for causing mental agony and harassment to him;
2. to pay ₹5000/- to the complainant as costs of litigation.

10.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amount mentioned at Sr.No.(i) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(ii) above.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
25/08/2022	BM Sharma	[Suresh Kumar Sardana]
Ls	Member	Presiding Member