Punjab

Faridkot

CC/18/202

Dr R.P Jindal - Complainant(s)

Versus

Amazon World Trade Centre - Opp.Party(s)

Vipan Kumar Tayal

14 Aug 2019

ORDER

        DISTRICT  CONSUMER  DISPUTES  REDRESSAL  FORUM,  FARIDKOT

 

C.C. No. :                                  202 of 2018

Date of Institution :           10.12.2018

Date of Decision :             14.08.2019

Dr Rajinder Paul Jindal son of Sohan Lal,  r/o  House No. 32, Medical College Campus, Sadiq Road, G G S Medical College Faridkot, Tehsil and District Faridkot.

   .....Complainant

Versus

1. Amazon World Trade Center-Brigade Gateway, 8^th Floor, 26/1, Dr Rajkumar road, Malleshwaram (W), Bangalore-560055, Karnataka, India through its CEO/authorized signatory.
2. M/s Standard Book Centre, 19-3-543/116, Aliabad, Charminar, Circle-1, Hyderabad-500053, through its proprietor/partner/authorized signatory.s

                               ....Opposite Parties

Complaint under Section 12 of the

                    Consumer Protection Act, 1986.

Quorum:      Sh. Ajit Aggarwal, President.

 Smt Parampal Kaur, Member.

 

Present:        Sh Vipan Tayal, Ld Counsel for complainant,

                    Sh Neeraj Maheshwary, Ld Counsel for OP-1,

                    OP-2 Exparte.

ORDER

(Ajit Aggarwal , President)

                                                        Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to Ops to provide the hard bound book as per order and for also directing

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Ops to pay Rs.50,000/- as compensation for mental agony and harassment etc and Rs.10,000/-as litigation expenses.

2                              Briefly stated, case of the complainant is that on 27.10.2018,  he placed an order for a hard bound book namely Therapy written by David Lodge for an amount of Rs.500/- that included postage through online system of OP-1 vide order no.402-7195394-8174751 and said book was to be supplied by OP-2. On 2.11.2018, complainant received the book but was surprised to see that it was a paper back copy instead of being hard bound one. Moreover, it was so damaged that publisher had printed in bold letters on the back cover of book “Not For Sale”. Complainant contacted OPs several times and requested them to provide him hard copy, but every time, they assured to redress his grievance but did not do anything needful. On several requests by complainant, OP-1 asked him to send photograph of book cover where it was printed ‘Not for sale’. Complainant did so through e-mail and then, OP-1 sent the same to OP-2 book seller. After that complainant received an e-mail from OP-1 and Mr. Sindhu apologized for everything and promised to look into the matter, but despite several requests, OPs have not replaced the said book. All this has caused great harassment and mental tension to him, which amounts to deficiency in service and trade mal practice on the part of OPs. Complainant has prayed for seeking direction to Ops to pay Rs. 50,000/-as compensation for mental agony and harassment, Rs.10,000/-for  litigation expenses besides the main relief. Hence, the instant complaint.

3                            The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 11.12.2018, complaint was admitted and notice was ordered to be issued to the opposite party.

 

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4                               OP-1 filed reply through counsel wherein took preliminary objections that complaint filed by complainant is not maintainable as complainant is not their consumer and does not fall under the definition of consumer and even they are not involved in any kind of trading activity, rather they act only as facilitator. Moreover, said product is neither manufactured or sold by them and even there is no privity of contract between complainant and answering OP and it is not liable for any non performance or breach of any contract entered into directly between complainant and independent third party seller. However, on merits OP-1 have denied all the allegations of complainant being wrong and incorrect and asserted that owner of website is Amazon Seller Services Pvt ltd and ASSPL does not sell or offers to sell any products and neither it advertises or endorses any produce or services on its website, rather it merely provides an online marketplace where independent third party sellers themselves are responsible for their products. It is also denied that OP-2 sells books online through its association with amazon.in. OP-2 is an independent third party seller and the book in question is sold by OP-2 and this fact is clear from bill itself. Moreover, ASSPL acts only as a facilitator between sellers and buyers and further they have no role over it. Further admitted that complainant approached them regarding receipt of paperback book instead of hard bound and in damaged condition on which not for sale was mentioned and on his request, answering OP asked him to get a refund either in Amazon pay balance or in Bank account, but complainant did not give any reply to the alleged mail. ASSPL further sent e-mail to complainant to confirm about refund, but he did not respond to that. As a goodwill gesture, answering OP asked complainant to get a refund, but till date, complainant has not replied to the said mail. All the other allegations and allegation with regard to relief sought too are

 

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denied being wrong and incorrect and it is reiterated that there is no deficiency in service on their part and prayed for dismissal of complaint with costs.

5                           Notice issued to OP-2 through registered cover was duly served, but despite several calls no body appeared in the Forum on behalf of OP-2 either in person or through Counsel on date fixed to contest the case and therefore, OP-2 was proceeded against exparte vide order dated 16.01.2019. Later on a letter was received from OP-2 which is considered as written statement on behalf of OP-2. OP-2 confessed their fault and apologized for inconvenience caused to him and admitted the allegations of complainant and offered to provide new copy of said book under their own supervision and prayed for dismissal of complaint with costs.

6                       Parties were given proper opportunities to lead evidence to prove their respective pleadings. Ld Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to 5 and then, closed the evidence.

7                        To controvert the allegations of complainant, ld counsel for OP-1 tendered in evidence affidavit of Rahul Sundram Ex OP-1/1 and documents Ex OP-1/2 to Ex Op-1/4 and then, closed the same on behalf of OP-1.

8                          We have heard learned counsel for complainant and have very carefully perused the affidavits & documents placed on the file by complainant as well as OPs, it is observed that case of the complainant is that on 27.10.2018,  he placed an order for a hard bound book but on 2.11.2018, when he received the book, he was shocked to see that it was a paper back copy instead of being hard bound one. Book was so damaged and even publisher had printed in bold letters words “Not For Sale” on the back cover of book. Complainant reported the matter

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to OPs and on his several requests, OP-1 assured to replace the same and also apologized the same through Mr Sindhu, but till date did not do anything needful to redress his grievance and did not provide him hard bound copy of said book, which amounts to deficiency in service and has caused harassment to him. In reply, plea taken by OP-1 is that there is no deficiency in service on their part as they act only as facilitator and provide only a platform to sellers for selling their products and are not liable for quality thereof. It is admitted that complainant approached them regarding receipt of said paperback, which was in damaged condition and words not for sale were mentioned over it and as goodwill gesture, they OP asked him to get a refund, but till date, complainant has not replied to their mail. There is no deficiency in service on their part and prayed for dismissal of complaint with costs. OP-2 also regretted for inconvenience caused to complainant and offered to supply new copy of said book under its own supervision.

9                        After careful observation of the record placed on file and evidence led by respective parties, it is observed that  from the envoice Ex C-2, it is the clear that complainant placed an order for said book on payment of Rs.500/-before OP-1 and book was to be supplied by OP-2. Ex C-3 copy of delivery order status that proves the fact that book named Therapy worth Rs.500/-was delivered to complainant on 2.11.2018 by OPs. Ex C-4 is a cogent document that proves the pleadings and grievance of complainant that book sent to him by Ops was in damaged condition which let him down and official of OP-1 apologized for inconvenience caused to complainant due to said product. From the bare perusal of Ex C-5 copy of cover note of book over which it clearly mentioned at the bottom Not For Sale, there remains no doubt that complainant has suffered harassment due to this act of OPs. It is admitted that complainant purchased the said book in

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question from OP-2 through OP-1. It is admitted fact that book sent by OP-2 through OP-1 is not proper and is not upto the satisfaction of complainant. however, as goodwill gesture, both OPs have apologized for inconvenience caused to complainant and offered to provide new book to complainant.

10                       From the above discussion and keeping in view the evidence placed on record and pleadings of the respective parties, it is made out that complainant has suffered harassment due to deficiency in service on the part of OPs. Hence, complaint in hand is hereby allowed against OPs and they are directed to refund the cost price of book of complainant alongwith interest at the rate of 7% per anum from the date of filing the present complaint till final realization. OPs are further directed to pay Rs.5,000/-to complainant as compensation for harassment and mental agony suffered by him and Rs.2,000/-on account of litigation expenses incurred by complainant. Compliance of this order be made within one month from the date of receipt of the copy of the order failing which complainant shall be entitled to proceed under section 25 and 27 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room.

Announced in open Forum:

Dated: 14.08.2019

(Parampal Kaur)                 (Ajit Aggarwal)

 Member                              President