ORDER

04.09.2023

SH. RAJESH, MEMBER

1. Vide this order we will be deciding the admissibility of present complaint.
2. Present complainant has been filed by complainant seeking direction to OPs to refund the price of machine with cost, interest and compensation.
3. In brief the facts are that the complainant is a practicing advocate. It is stated that he 17.12.2021 he booked one popcorn popping set for a sum of Rs. 1,201/- vide prepaid order No. 403-47086743561136 dated 18.12.2021.  It is stated that 20.12.2021when the complainant had gone for his work the said set was delivered at this residence in his absence. On his return when he took the packet in order to use the same he got so shocked to open first packing because the set having external and internal. On unpacking externally it was found absolutely a torn and quite dirty as if it was lying for years at some unused place and on getting the order the seller has sold and sent the said set of Relia brand which unfortunately was delivered to the complainant. Even the proper particulars of the seller were/are also not fund nor there was /is any email nor nay contact and neither there was / is proper receipt nor any Guarantee/warrantee Card. The instruction sheet  lying in side was in such worst condition as if there had been taken from some kabadi shop dealing in waste.
4. It is stated by the complainant that he complained about the said machine to OP vide E mail Legal Notice dated 20.12.2021 but in vain. Therefore the complainant has approached this Commission vide present consumer complaint dated 29.07.2023. 
5. We have perused the record and heard submissions of complainant on the point of admissibility of the present complaint.
6. In substance the main grievance of the complainant is that on 18.12.2021 he was supplied a popcorn popping set machine for a sum of Rs. 1,201/- by OP same was found absolutely a torn packing and quite dirty condition as if it was lying for years at some unused place. Therefore complainant is before us after one year seven months and eleven days seeking direction to OPs to refund the price of machine with cost, interest and compensation.
7. In Awanti Seeds Private Limited vs. Shankar Rajaram Dhangar RP 3772 OF 2012 decided on 4 December, 2012 the Hon’ble Commission on the point of misdiscription of parties observed as follows:-

From the perusal of the record it could be seen that the consumer complaint was filed actually against the appellant company though its General Manager name is mentioned as opponent. It is a misdiscription and the complaint is in fact addressed to the company as opponent and therefore, it is the company which preferred this appeal. Said company remained absent during the entire trial of consumer complaint. They did not file any written version. Therefore, only on the point of law they can challenge the impugned order. No such law point is raised in the appeal. We find no merit in appeal and, holding accordingly, pass the following order.

8. It is important to point out that the description of Opposite Party 1 as mere a website i.e. www.amazon.in with email Id and phone number without any physical address  and that of Opposite Party 1 as (Seller Concerned)  with physical address as Fist Floor A-40, Hare Krishna Society Punacam Surat Gujrat is misdiscribed in order to sue them legally. In case of both the OPs their legal personality or identity has not be property described by the complainant as such this Commission is unable to issue process against them if the present consumer complaint is otherwise admitted in any case.  Therefore this Commission is of the view that present consumer complaint cannot be entertained in the absence of description of OPs.
9.  It is again important to point out that complainant has preferred present consumer complaint alleging that he was supplied a popcorn popping set machine by OPs and same was found absolutely in a torn packing and quite dirty condition as if it was lying for years at some unused place after one year, seven months and eleven days seeking direction to OPs to refund the price of machine with cost, interest and compensation. No photographs have been annexed with the present complaint and even if after one year, seven months and eleven days of purchase of the said machine if photograph of packing are taken these may not substantiate the contentions of the complainant that he was supplied the machine in torn packing and in very dirty condition. Complainant has stated that he wrote E mails to OP but no email has been filed with the present complaint. In view of these observations this Commission do not see any cause of action if arose in favour of complainant and unidentifiable OPs.
10. On the basis of above observation and discussion this commission is of the considered opinion that present consumer complaint is not maintainable before this commission therefore same is rejected. 
11. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in. File

be consigned to Record Room.

Announced in open Commission  on 04.09.2023.

(SANJAY KUMAR)               (NIPUR CHANDNA)            (RAJESH)

PRESIDENT                                MEMBER                   MEMBER