As per Hon’ble President. Mr. Atul Alshi.

1. The complainant has filed complaint for non refund of cash back of Rs.1713/- on purchase of IBJA 5gm gold of Rs.17139/- by using SBI cards and thereby claiming refund of Rs.1713/- and Rs.20,000/-   compensation alongwith cost of litigation.

The complainant is holding Credit Card of OP No. 2, runs business of Credit card and the OP No.1 is Amazon Seller Services, runs business of selling products online through its website. The complainant is regular customer of OP and purchased various products online. OP No. 1 & 2 launched the scheme of SMALL BUSINESS DAY on 16/10/2018. As per scheme OP no. 2 offered to give cash back of 10% on the next day i.e.17/12/2018 on purchasing of products of OP no.1 on particular day of 16/12/2018. On 16/12/2018 the complainant purchased IBJA 5gm gold costing Rs.17139/- from OP no.1 by using credit card no. 4207399064461931 and it was display on screen that it is eligible for cash back of Rs.1713/-. But after two months period i.e. 16/02/2019 the OP refused to refund cash back in complainants account. The complainant requested at several time to refund the amount, but OP failed to refund the amount therefore, the complainant filed this complaint.

3.               OP no.1 filed reply and denied allegations and submitted that the OP no.1 does not sell or offers to sell any products but it merely provides an online marketplace where independent third party sellers list their products for sale. Therefore, the sellers are responsible for their respective products. The OP no. 1 is not directly involved in this transaction between customer and seller. The scheme of refund on purchasing 5gm gold is launched by OP No.2 bank and the OP No.2 has already informs via e-mail to the registered address of the complainant regarding non applicability of product purchased by complainant. The present complaint does not raise consumer dispute between complainant and OP no.1. OP no. 1 is agent of seller and therefore agent cannot be sued when the principal is available. The complainant has failed to demonstrate any deficiency in service which is attributing to OP no.1. Therefore, the complaint deserves to be dismissed with cost.

4.               OP no.2 filed reply and denied allegations and submitted that the complaint is not maintainable as the complainant does not fall in the ambit of consumer and having no jurisdiction to complainant by the commission. The OP no. 1 & 2 are only a facilitator for cash back. The OP no. 2 admitted only upto the extent that the scheme was offered on purchase of selected products from OP no. 1. However, OP no. 2 offered 10% cash back under instruction of OP no.1 on selected product. Therefore, the primary instructions on the cash back need to be provided by OP no.1. Therefore, the OP no. 2 may be deducted from the array of complainant.

5. Both the parties argued the case on merit at length. After hearing of case the following points arose for consideration.

1. Whether the complainant is consumer?                       Yes.
2. Whether there is deficiency in service on the part of OP?    Yes.    3)  What order?                              As per final order.

                             REASONING

6.         Point No. 1 to 3 - The complainant is paying fees of Rs.499/- alongwith the GST to OP no.2. The complainant used to purchase various products on the platform of OP no.1. Therefore, the complainant is consumer of OP no. 1 & 2. The complainant filed the copy of 10% cash back from purchase IHJA 5gm 24 caret yellow gold precious bar through OP no.1 from SBI cards. The purchaser is eligible for 10% cash back as per website print of OP no.1 dtd.16/12/2018 and complainant paid the bill on 16/12/2013 of Rs.17139/- and the invoice to that effect has been issued by IBJA Gold Pvt. Ltd. On the letter head of OP no.1 bearing invoice no. ZWA2-2378. The complainant issued a letter of request for return of 10% discount product purchased by the complainant of IBJA Gold. But OP no.1 denied and sending letter by registered post on 22/03/2019 saying that the complainant product was not eligible for cash back and said product was not the part promotional offer. As per e-mail issued in favour of complainant on February 2019 at 9:23 PM that complainant will be receiving the 10% cash back of Rs.1713/- shortly. But the OP failed to credit cash back of Rs.1713/- in favour of complainant. Therefore, there is deficiency on the part of SBI card and online service provider i.e. OP n0. 1 & 2. Therefore, the commission passes following order.

ORDER

1. The complaint is partly allowed.

2.   The OP No. 1 & 2 is hereby directed to pay jointly or severally cash back amount of Rs.1713/-  to the complainant.

3.   The OP No.1 & 2 is further directed to pay jointly or severally compensation of Rs.5,000/- for mental agony and Rs.500/- towards litigation cost to the complainant.

4.   The OP shall comply jointly or severally with above order within 45 days from date of receipt of order copy.

5.  Copy of the order shall be supplied to all the parties free of cost.